TREAR v. CHAMBERLAIN

No. 115,819.

388 P.3d 607 (2017)

Kevin W. TREAR, Appellant/Cross-appellee, v. Susan J. CHAMBERLAIN, Nathan Goodell, and Jamie Jasnoski, Appellees/Cross-appellants.

Court of Appeals of Kansas.

Opinion filed January 13, 2017.


Attorney(s) appearing for the Case

Stuart N. Symmonds and Robert N. Symmonds , of Symmonds & Symmonds, LLC, of Emporia, for appellant/cross-appellee.

Karen K. McIlvain , of McIlvain Law Office, LLC, of Madison, for appellees/cross-appellants.

Before Powell, P.J., Pierron and Hill, JJ.


The public policy in Kansas commands that land must not be tied up forever by ancient covenants. This policy is expressed in the common-law rule against perpetuities which nullifies any contractual provision that tries to control land forever. Aware of this, and wanting to avoid the harsh result...

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