Wachter Development, Inc. v. Martin

Citations

• 2019 ND 202
• 931 N.W.2d 698

Syllabus

A landowner may sell land subject to restrictive covenants so long as they are not contrary to public policy. Under the doctrine of equitable conversion, after parties execute a binding contract for the sale of land, equitable title vests in the purchaser and the seller holds legal title only as security for payment of the balance of the purchase price. The doctrine applies only where there is a valid contract for sale which could be specifically enforced. A waiver occurs when a person voluntarily and intentionally relinquishes a known right or privilege. The right to enforce a restriction or reservation may be lost by waiver. Under the doctrine of unconscionability, a court may deny enforcement of a contract because of procedural abuses arising out of the contract's formation and substantive abuses relating to the contract's terms.