A repugnant condition in a grant does not destroy the grant; the condition is rejected, and the gift stands.

Explanation

Where a condition contradicts the very nature of what is granted, the condition falls and the grant survives — the grantor cannot give and take away in the same breath.

Where this applies

• A deed gives me property but also says I can never sell it — the condition contradicts the grant itself.
• A gift was made but the condition attached to it makes the gift meaningless.

See also

• 6.3.6 Private contracts cannot derogate from public right.
• 6.4.3 An unlawful condition is deemed as not annexed.