Property (2005-2006)
IV. FUTURE INTERESTS
- Transferor
- Reversion - Follows life estate or term of years
- Possibility of Reverter - Follows fee simple determinable
- Right of Entry - Follows fee simple subject to condition subsequent
- Transferee
- Vested Remainder
- Remainderman is born
- Remainderman is ascertainable
- No express condition precedent in clause creating the remainder or the preceding clause
- Contingent Remainder
- Remainderman cannot be identified by name
- There is a condition precedent in the clause creating the remainder
- Shifting Executory Interest
- Like a defeasible fee, but future interest not in grantor
- Divests right to possession of a transferee
- Springing Executory Interest
- Most commonly seen in “future interest only” or “gap” conveyance
- Divests right to possession of grantor
- Vested Remainder
- Grantor vs. State
- If an entire estate fails to vest, there is a reversion to the grantor; but
- If there is simply no heir, the property escheats to the state.
- Rule Against Perpetuities
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Common Law Rule
"No interest is good unless it must vest, if at all, not later than 21 years after some life in being at the creation of the interest."
- Contingent remainders must vest or fail to vest.
- Executory interests must become possessory.
- Vested remainders subject to open must close or completely vest.
- Not applicable to other future interests.
- Create, Kill, Count Method
- Create, after the conveyance, someone who will be eligible to claim the interest, starting as far back in the chain of title as possible.
- Kill everyone who was alive at the time of the conveyance
- Count for 21 years to see if the interest has vested. If not, the interest violates the RAP and is stricken.
- Wait-and-See Doctrine
- Arose to deal with legal fictions arising from RAP
- Fertile octogenarian (assume that a person of any age can have a child)
- Unborn widow
- Period
- Common Law (21 yrs)
- USRAP (avg. lifespan 69 + 21 yrs = 90 yrs)
- Arose to deal with legal fictions arising from RAP
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