What is a vested remainder subject to open?

Publish date: 2023-03-19
vested remainder subject to open (plural vested remainders subject to open) (law) A future interest held by a member of a class, for which the interest is certain to vest, but for which new members may enter the class before the interest vests, thereby reducing each member's share of the total interest.

Keeping this in consideration, what is a vested remainder subject to total divestment?

A vested remainder is the absolute right to receive title when a presently existing interest in real property ends. Vested remainders subject to (complete) divestment – “To A for life, then to B and his heirs, but if B marries Z, then to C and his heirs.” Based on a condition subsequent.

Subsequently, question is, what is remainder in real estate? n. in real property law, the interest in real property that is left after another interest in the property ends, such as full title after a life estate (the right to use the property until one dies). A remainder must be created by a deed or will.

Considering this, what is the difference between a vested remainder and a contingent remainder?

A vested remainder is held by a specific person without any conditions precedent; a contingent remainder is one for which the holder has not been identified, or for which a condition precedent must be satisfied.

Can you transfer a contingent remainder?

Although it was held that a contingent remainder could not be transferred inter vivos, nevertheless, if the contingent remainder- man attempted to alienate and the remainder subsequently vested in his lifetime, the remainder under certain circumstances passed by way of estoppel to the alienee.

What is a vested interest?

noun. a special interest in an existing system, arrangement, or institution for particular personal reasons. a permanent right given to an employee under a pension plan. vested interests, the persons, groups, etc., who benefit the most from existing business or financial systems.

What is vested interest in property law?

When a possession, ownership interest or the use of tangible property is present and unencumbered by any conditions, it is known as a vested interest. A vested interest in real estate means the owner of the property.

What is the difference between a remainder and an executory interest?

A key difference between a remainder and an executory interest is that a remainder interest doesn't take away the interests of a prior interest holder, while an executory interest can cut off the prior interest.

What is a future estate?

Future estates are interest in land or personal property giving the holder the right of possession, though not ownership. They are estates to vest, either in title or in enjoyment, at a future time, whether or not under a limitation that creates an intervening estate.

How do you end a life estate?

A person with a life estate may end the life estate while she's still living by creating and filing another deed to the property that specifically terminates her life estate. A deed terminating a life estate usually has the remainderman named on the original life estate deed as the receiver of the real estate.

What is a future interest in property?

In property law and real estate, a future interest is a legal right to property ownership that does not include the right to present possession or enjoyment of the property. Person B has a future interest in the property.

What is a springing executory interest?

Noun. springing executory interest (plural springing executory interests) (law) An interest in an estate in land created by the conditions of a grant wherein the grantor cuts short the grantor's own interest in the property in favor of the grantee, contingent upon the occurrence of a specific condition.

What is a fee simple determinable?

A fee simple determinable is an estate that will end automatically when the stated event or condition occurs. The interest will revert to the grantor or the heirs of the grantor. Normally, a possibility of reverter follows a fee simple determinable.

What is a contingent Remainderman?

contingent remainder. n. an interest, particularly in real estate property, which will go to a person or entity only upon a certain set of circumstances existing at the time the title-holder dies.

Is a contingent remainder alienable?

Contingent remainders were not alienable. They were, however, devisable and descendible, unless those qualities were precluded by the nature of the remainder.

What is a contingent remainder beneficiary?

A trust. beneficiary with a future right to part or all of the remaining balance of a. trust estate provided they survive the current beneficiary is called a contingent. remainder beneficiary.

What does reversionary title mean?

Reversionary interest is the interest that a person has in a property when a preceding estate ceases to exist. It means any interest the enjoyment of which is postponed. Under reversionary interest, a transferee's right to own and occupy land is subjected to a condition that is placed by the property owner.

What is a shifting executory interest?

shifting executory interest (plural shifting executory interests) (law) A third party interest in an estate in land created by the conditions of a grant wherein the grantor gives the land to a second party, but with the occurrence of a condition divesting the second party of the land in favor of the third party.

What is a life estate property?

In common law and statutory law, a life estate (or life tenancy) is the ownership of land for the duration of a person's life. In legal terms, it is an estate in real property that ends at death when ownership of the property may revert to the original owner, or it may pass to another person.

What does in fee simple mean?

In English law, a fee simple or fee simple absolute is an estate in land, a form of freehold ownership. It is a way that real estate and land may be owned in common law countries, and is the highest possible ownership interest that can be held in real property.

What is freehold estate?

A freehold estate is an estate in which you have exclusive rights to enjoy the possession of a property for an undefined length of time. In contrast, a less than freehold estate is held for a fixed, defined period. The types of freehold estates you should know are: 1. Fee simple absolute.

Who is Reversioner in remainder?

A reversioner in remainder: Remainder man: ( rule of retention of property): A remainder man is a person who inherits or is entitled to inherit property upon the termination of the estate of the former owner.

ncG1vNJzZmiemaOxorrYmqWsr5Wne6S7zGiuoZmkYra0ecBmrZ6rpJqxbr7EppiippSav26%2F1JuhnpukYsGwec6pnKc%3D