Also known as:reversionary estates · reversionary interest · reversion · estate in reversion
Written by attorneys · grounded in primary & secondary sources — see below
A future interest in land retained by a grantor who conveys an estate of lesser duration than he holds, entitling the grantor or successors to possession when the prior estate ends.
Sources & Authorities
How it applies
Common Examples
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Lease Covenant Burden Shift
Ryan Roberts owns a commercial building and leases it to Roland Rhodes under a long-term ground lease that includes an affirmative covenant to maintain the roof and HVAC systems. The lease terms make performance more practical for the tenant in possession than for the landlord holding the future interest. When Roland assigns the lease to a new operator, the covenant burden transfers directly to the assignee rather than remaining tied to Ryan's retained future interest.
Corporate Merger Asset Transfer
Rhapsody Entertainment merges with Riverstone Manufacturing under a plan designating Riverstone as the survivor. All of Rhapsody's real estate holdings and contract rights pass automatically to Riverstone. No separate conveyance occurs and no future interest arises in Rhapsody's former owners or creditors.
Select any source to read its text and confirm it supports the definition.
Uniform Acts
Model Codes
Restatements
Dictionaries
Fee Tail Reversion Passage
Raphael Rivera conveys land to his daughter Rita Russell in fee tail. Upon Rita's death without issue, the land returns by operation of law to Raphael's estate rather than passing through any remainder or executory interest created in the original deed.
LLC Merger Property Vesting
Rocky Mountain Mining merges into Riverside Healthcare under a statutory plan. All real property owned by Rocky Mountain passes directly to Riverside without any intervening transfer or creation of a future interest in Rocky Mountain's former members.
Heirs Language in Deed
Rina Rahman deeds her vacation home to her two children for their joint lives with remainder to her heirs at law. After abolition of the worthier-title doctrine, the remainder interest passes to the designated class rather than creating any future interest in Rina's estate.
Fee Tail Reversion on Death
Robert Rivera conveys property to his son in fee tail. Upon the son's death without surviving issue, title returns automatically to Robert's estate under the form of the original gift rather than through any remainder or executory limitation.
Common questions
Frequently Asked
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Does language describing remaindermen as the grantor's heirs create a reversionary estate?+
No. Under the Uniform Probate Code, language in a governing instrument describing beneficiaries as the transferor's heirs, heirs at law, next of kin, or similar terms does not create or presumptively create a reversionary interest in the transferor. The doctrine of worthier title has been abolished as both a rule of law and a rule of construction.
When does a power of termination arise instead of a reversionary estate?+
A power of termination arises when a grantor conveys a fee simple subject to condition subsequent and expressly reserves the right to reenter upon breach. A reversionary estate arises automatically by operation of law when the grantor conveys any estate of lesser duration without creating a remainder or executory interest.
Supporting sources
How does abolition of worthier title affect construction of remainders to heirs?+
Abolition means courts no longer presume that a remainder to the grantor's heirs creates a reversionary estate in the grantor. The language instead creates a valid remainder interest in the designated class, promoting alienability and avoiding outdated presumptions that property returns to the grantor's estate.
545 U.S. 469, 503 (2005)Property
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