Also known as:possibilities · possibilitas · possibility of reverter
Written by attorneys · grounded in primary & secondary sources — see below
2 senses
1
An event that may or may not occur. A contingent interest in real or personal property recognized as an estate or interest.
2
in property law
Sense 1
1
Sense 1
An event that may or may not occur. A contingent interest in real or personal property recognized as an estate or interest.
Sources & Authorities· 1 source
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Dictionaries
Examples
Sense 2
2
in property law
A reversionary interest subject to a condition precedent. The interest remains in the transferor or successor when the transferred estate is limited by such a condition.
Examples1
Grant Creates Possibility of Reverter
Pablo Perez conveys land to a school district so long as the property is used for educational purposes. The deed contains no other limitations. The interest retained by Pablo is a possibility of reverter because it is subject to a condition precedent that the use cease.
A reversionary interest subject to a condition precedent. The interest remains in the transferor or successor when the transferred estate is limited by such a condition.
Each sense below has its own examples, sources, and questions.
5
Initial Consultation Creates Prospective Client Status
Paige Porter meets with attorney Perry Pratt to discuss a potential contract dispute. She shares details about the matter during the meeting. Because the consultation concerns the possibility of forming a client-lawyer relationship, Paige qualifies as a prospective client even though no engagement follows.
Parties Discuss Settlement Possibilities
Pinnacle Holdings and Prosperity Investments confer under Rule 26(f). They review the claims and defenses and explore options for prompt resolution. The discussion of possibilities for settling or resolving the case satisfies the conference content requirement.
Prime Logistics stores large quantities of explosives near a residential area. An explosion occurs despite all precautions. Liability extends only to the kind of harm the possibility of which makes the activity abnormally dangerous.
Speculative Enforcement Bars Ripeness Claim
Portia Price challenges a regulation that might be applied against her business in the future. She cannot demonstrate that enforcement is likely or that retroactive application would occur. The claim is not ripe because the asserted harm rests on a conjectural possibility.
Sworn Statement Supports Genetic Testing Order
Piper Patel files a parentage action and submits a sworn statement alleging a reasonable possibility that Pavel Petrov is the child's genetic parent. The court orders testing because the statement meets the statutory threshold for a reasonable possibility of genetic parentage.
Frequently Asked5
Does a consultation about forming a client-lawyer relationship always create duties under Rule 1.18?+
Yes. The rule treats the consulter as a prospective client whenever the discussion concerns the possibility of forming the relationship, triggering confidentiality protections even if no engagement results.
When must parties address settlement possibilities during a Rule 26(f) conference?+
The parties must consider the possibilities for promptly settling or resolving the case as part of the required conference content. This obligation applies whenever the conference is held under the rule.
How does the possibility of harm limit strict liability for abnormally dangerous activities?+
Strict liability extends only to the kind of harm the possibility of which makes the activity abnormally dangerous. Harm outside that category is not covered by the doctrine.
Why does a conjectural possibility of enforcement defeat ripeness?+
A claim lacks ripeness when the plaintiff cannot show the government is likely to apply the regulation in the asserted harmful manner. Courts refuse to adjudicate on the basis of uncertain or speculative enforcement.
What showing supports a court order for genetic testing under the Uniform Parentage Act?+
A sworn statement alleging a reasonable possibility that the individual is the child's genetic parent is sufficient to trigger the testing order, subject to the act's other provisions.
1
What distinguishes a possibility of reverter from a reversion?+
A possibility of reverter arises only when the future interest is subject to a condition precedent. A reversion is any other reversionary interest not subject to such a condition.
410 U.S. 113 (1973)Constitutional Law
…possible future unpreparedness for parenthood, and possible future impairment of health. Any one or more of these several possibilities may not take place and all may not combine. In the Does' estimation, these possibilities might have some real or imagined impact upon their marital happiness. But we are not prepared to say…