Also known as: remainder · remainders · remainder interest
Written by attorneys · grounded in primary & secondary sources — see below
2 senses
A future interest that remains in the grantor or the grantor's successors and becomes possessory upon the natural expiration of a prior estate of limited duration such as a life estate.
A future interest that remains in the grantor or the grantor's successors and becomes possessory upon the natural expiration of a prior estate of limited duration such as a life estate.
Select any source to read its text and confirm it supports the definition.
A future interest created in a transferee that becomes possessory upon the natural expiration of a prior estate of limited duration such as a life estate.
Select any source to read its text and confirm it supports the definition.
A future interest created in a transferee that becomes possessory upon the natural expiration of a prior estate of limited duration such as a life estate.
Each sense below has its own examples, sources, and questions.
Ravi Reddy conveyed Blackacre to his sister for life with no further disposition stated in the deed. Upon the sister's death the property returns to Ravi or his heirs because he retained the future interest. The court recognizes this retained interest as a reversion that follows the natural end of the life estate.
Roger Ramirez conveyed land to his nephew for life so long as the nephew uses it for farming. The deed is silent on what follows the life estate. Roger retains a reversion that will become possessory when the life estate ends by the nephew's death or by breach of the use limitation.
Ronald Reed conveyed a warehouse to his friend for life with no further words of disposition. Upon the friend's death the warehouse returns to Ronald's estate because he retained a reversion. Ronald's heirs take the reversion by operation of law when it becomes possessory.
A reversion is a future interest retained by the grantor or the grantor's successors that follows the natural expiration of a prior estate. A remainder is a future interest created in a third-party transferee that follows the same prior estate. The key distinction is whether the future interest stays with the transferor or passes to someone else.
Supporting sources
A possibility of reverter follows a defeasible fee and becomes possessory automatically upon breach of a condition. A reversion follows the natural end of a life estate or term of years without any condition that must be breached. The deed language determines which interest arises.
Supporting sources
In jurisdictions that still recognize fee tails and dower, the surviving spouse receives a dower-like life estate that burdens the reversion once it becomes possessory. The dower interest continues against the holders of the reversion rather than defeating it entirely.
Supporting sources
Roland Rhodes devised his farm to his wife for life and then to their daughter. The daughter holds a remainder that becomes possessory only after the wife's life estate ends. The court confirms the daughter's interest is a remainder rather than a reversion because it was created in a transferee.
Riley Rivera granted her cabin to her brother for life and then to her niece in fee simple. The niece's remainder is vested because she is ascertained and no condition precedent remains. The interest follows the life estate and becomes possessory upon the brother's death.
Rebecca Ross devised her home to her son for life and then to the son's children who survive him. The son's living child holds a remainder subject to open while any unborn siblings may still join the class. The remainder follows the life estate and becomes possessory only upon the son's death.
A remainder is contingent when the taker is unascertained or when a condition precedent must occur before the interest becomes possessory. A remainder is vested when the taker is ascertained and no condition precedent remains. Courts prefer to construe remainders as vested when the language permits.
Supporting sources
…first strip of 620 feet immediately north of Euclid Avenue falls in class U-2, the next 130 feet to the north, in U-3, and the remainder in U-6. The uses of the first 620 feet, therefore, do not include apartment houses, hotels, churches, schools, or other public and semi-public buildings, or other uses enumerated in respect…