ROFR to Purchase in Leases

Personally, I question the legality of these ROFR clauses in leases as you are essentially encumbering the actual property via a traditionally non-encumbering agreement. As in, you cant create an easement on a property without a SPECIFIC modification to the deed, not just a lease agreement. It’s like an apartment tenant including in his lease with the landlord, that the building cant be sold without a ROFR - I’d imagine it’d be thrown out in Court.

I don’t know why a restriction on selling land wouldnt fall into this category of specific additions to the deed, rather than an unrelated lease agreement. I hope someone takes this to court

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