Written by attorneys · grounded in primary & secondary sources — see below
A historical writ of entry that permitted recovery of a reversionary interest in land after the death of a life tenant who had alienated the property during the tenancy.
Sources & Authorities· 13 primary sources
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Uniform Acts
Model Codes
Common Law
How it applies
Common Examples
6
Life Tenant Conveys Reversionary Land
After Lena's death, her heirs discover she had granted a fee simple interest in the family farm to a neighbor during her life tenancy. Andre Antoine files the writ to reclaim the reversion for the remainderman. The court recognizes the writ as the proper vehicle to restore the interest alienated without authority.
Writ Filed After Unauthorized Conveyance
Amber Alonzo brings the writ to recover land alienated by a deceased life tenant. The remainderman seeks restoration of the interest that the life tenant had no power to convey. The court accepts the writ as the appropriate remedy.
Reversionary Interest Recovered by Heirs
Alice Atkins's heirs discover that the life tenant conveyed the family estate before death. They file the writ to regain the reversionary interest. The court grants relief because the conveyance exceeded the life tenant's authority.
Anchor Bank, as remainderman, sues to recover land alienated by a life tenant. The bank files the writ after the tenant's death. The court restores the interest because the life tenant lacked power to bind the remainderman.
Heirs Invoke Writ Following Alienation
Amelia Amari discovers the life tenant's unauthorized conveyance only after the tenant's death. The heirs file the writ to reclaim the reversionary interest. The court upholds the action as the proper means to restore the land.
Writ Filed to Restore Reversion
Andrew Avery, a remainderman, learns that the life tenant conveyed the property without authority. He files the writ after the tenant's death. The court grants the writ and returns the interest to the proper holder.
Common questions
Frequently Asked
3
What is the purpose of the writ ad communem legem?+
The writ restored a reversionary interest in land to the proper remainderman after a life tenant had improperly conveyed the property and then died.
Supporting sources
When could a plaintiff use ad communem legem?+
A plaintiff could use the writ only after the life tenant's death and only when the tenant had alienated the land during the tenancy without authority to bind the remainderman.
Supporting sources
How does ad communem legem differ from other writs of entry?+
It specifically addressed alienation by a life tenant rather than other defects in title, becoming available only upon the tenant's death.
Supporting sources
410 U.S. 113 (1973)Constitutional Law
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