Heir Takes After Abatement
After Abel wrongfully occupies Blackacre, Abel dies intestate. Title descends to Abel's heir, Charles. The descent casts the property to Charles and tolls the true owner's right of entry until the owner sues.
Also known as: descent is cast · descent was cast · descent · cast of descent
Written by attorneys · grounded in primary & secondary sources — see below
A historical doctrine under which real property acquired by disseisin, abatement, or intrusion passes by intestate succession to an heir. The descent tolls the true owner's right of entry until the owner commences a legal action to recover the land.
After Abel wrongfully occupies Blackacre, Abel dies intestate. Title descends to Abel's heir, Charles. The descent casts the property to Charles and tolls the true owner's right of entry until the owner sues.
Darius disseises the true owner of Greenacre. Darius dies intestate survived by his daughter Deborah. Title descends to Deborah by operation of law. The descent casts the estate and suspends the owner's right of entry.
An intruder occupies Whiteacre and later dies intestate. The property descends to the intruder's son. The descent cast prevents the record owner from entering without bringing an action.
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A person abates into Redacre and dies intestate. The land descends to the abator's heir. The heir remains in possession until the true owner commences suit to toll the descent cast.
A disseisor occupies Blueacre and dies without a will. The property passes by descent to the disseisor's child. The descent cast bars the owner's entry until a legal action is filed.
An intruder takes Yellowacre and dies intestate. Title descends to the intruder's heir. The descent cast suspends the true owner's right of entry pending suit.
A descent cast occurs when real property acquired by disseisin, abatement, or intrusion passes by intestate succession to the wrongdoer's heir.
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The descent tolls the true owner's right of entry, requiring the owner to bring a legal action rather than simply reenter the land.
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Yes. The doctrine applies when the ancestor who acquired the land wrongfully dies intestate, passing the property to an heir.
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Ordinary descent passes title without tolling entry rights. Descent cast specifically arises from wrongful acquisition and suspends the owner's self-help remedy.
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…York City , 438 U. S. 104, 124 (1978) (quoting Goldblatt v. Hempstead , 369 U. S. 590, 594 (1962)). See Epstein, Takings: Descent and Resurrection, 1987 S. Ct. Rev. 1, 4. We have, however, described at least two discrete categories of regulatory action as compensable without case-specific inquiry into the public…