Also known as: reversions · reversioner · reverter · reversor · revert · reverting · reverted · reversio · possibility of reverter · reversionary interest
Written by attorneys · grounded in primary & secondary sources — see below
A future interest retained by a grantor who conveys an estate of lesser duration than the grantor held. It arises by operation of law and becomes possessory upon termination of the prior estate.
Rosa Ruiz conveyed land to her son for life with a fee simple conditional to his issue. When the son died without issue and no executory interest existed, the land passed to Rosa's estate under the possibility of reverter. Rosa's heirs took possession as the persons entitled to the reversion.
Rhea Reynolds leased property to a tenant subject to an affirmative covenant to maintain a shared driveway. The covenant could be performed more reasonably by the tenant in possession than by Rhea as reversion holder. The burden therefore ran to the tenant under the applicable rule.
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Redwood Bank merged into Rising Sun Electronics. All property and contract rights of Redwood Bank vested in Rising Sun without any transfer, reversion, or impairment. The survivor held full title immediately upon the merger's effective date.
Regal Apparel merged into Ridgeway Partners. All property of Regal Apparel vested in Ridgeway Partners without transfer, reversion, or impairment. Ridgeway Partners succeeded to full ownership of the assets upon completion of the merger.
Roberto Reyes devised property to his heirs at law. The language did not create or presumptively create a reversionary interest in Roberto's estate. The doctrine of worthier title having been abolished, the heirs took the property directly without any reversion arising.
Ronald Reed held an estate in fee tail. Upon his death his surviving spouse claimed dower. The dower interest remained subordinate to the reversion of the person who created the fee tail. The reversioner took the land subject only to that subordinate claim.
A reversion is retained by the grantor when the grantor conveys an estate of lesser duration than the grantor held. A remainder is created in a third party and follows the termination of a prior estate. The reversion arises by operation of law when the instrument does not dispose of the entire interest.
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The Rule Against Perpetuities does not apply to reversions. These interests are retained by the grantor and vest automatically upon termination of the prior estate. Courts treat them as vested from the moment of creation.
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The reversion passes under the grantor's will or to the grantor's heirs. The successor in interest to the reversion becomes entitled to possession when the prior estate terminates.
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A reversion may be transferred by deed or will. The transferee steps into the shoes of the original grantor and holds the future interest subject to the same conditions.
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…himself saying, The law is unconstitutional—but why?' There are two possible paths to travel in finding the answer. One is to revert to a frankly flexible due process concept even on matters that do not involve specific constitutional prohibitions. The other is to attempt to evolve a new constitutional framework within…