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(6) Professor Powell's treatise on The
Law of Real Property, Volume 5, at 5772) ,
p. , s a es a
"Options to renew leases are
generally valid and they need
not comply with the rule against
perpetuities. Such options to
renew conferred upon lessees
were sustained as valid, despite
the rule against perpetuities as
early as 1715. This position has
found repeated acceptance in more
recent cases. Their validity is
accepted in the Restatement of
Property and explained as a
socially desirable exception to
the rule against perpetuities."
(7) In Professor Boyer's treatise, Florida
Real Estate Transactions, the following state-
ment appears in 522,07, at p. 498:
"Leases, regardless of their
duration, do not violate either
-the Rule Against Perpetuities or
the rule prohibiting restraints
on alienation since both the land-
lord and tenant have vested interests _
which are transferable. However,
leases in. perpetuity are not favored
and will not be so construed unless
such intention is expressed in clear
and unequivocal terms."
(8) Restatement of the Law of Real Property,
Vol. 4, 5395, p. 2326, which does not .disapprove
these renewals.
(9) The twenty-three year. old "home-town"
case cited by counsel of Sisco v. Rotenber ,
104 So.2d 365, is not exact y on po nt s nce
~ it involves a different factual situation.
(10) The twenty year old case of Hutson and
4 Malone v. Knabb, 212 So.2d 362 (1st DCA,196
while closer in point turns on the ambiguity
of the details of renewal.. This is a First
DCA case and doesn't discuss any constitutional
limitations. The three distinguished Justices
do, however, indicate their disapproval of
"perpetual lease renewals."
This Court has determined from the evidence as follows:
(1) That the lease is neither vague nor ambiguous,
b and
~ (2) That the "notice requirement" of the renewal
clause was properly complied with and is apart
of the "estate" involved since it came within
the original lease period of one year.
' Remember the phrase "four score and seven years ago (now
nine score and fifteen years ago) our forefathers brought forth upon
x this continent a new nation CONCEIVED IN LIBERTY and dedicated to the•
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