Also known as:successor in title · successors-in-title · successors · assigns
Written by attorneys · grounded in primary & secondary sources — see below
Persons who acquire the legal title or interest previously held by another through conveyance, inheritance, succession, or assignment.
Sources & Authorities
How it applies
Common Examples
6
Deadlocked Shareholders Block Director Election
Solomon Silver and Sierra Santos each own fifty percent of the shares in a close corporation as successors in title to the original founders. At the last two annual meetings they vote against each other's slate, leaving expired director terms unfilled. A court grants dissolution because the shareholders have failed for two consecutive meetings to elect successors to the directors.
Sophia Singh conveys land to a grantee while retaining a future interest limited in favor of her successors in title. Because the retained interest is neither a remainder nor an executory interest, it need not satisfy the rule against perpetuities. Later grantees take subject to that retained interest without perpetuities challenge.
Select any source to read its text and confirm it supports the definition.
Cases
Statutes
Federal Rules
Uniform Acts
Model Codes
Restatements
Casebooks
Deposition Used by Corporate Successors
Scott Summers, as successor in title to a dissolved corporation's assets, seeks to introduce a deposition taken in an earlier suit involving the same subject matter. The later action is between the same parties or their successors in interest. The court permits use of the deposition to the same extent as if taken in the present case.
New York Trust Co. v. Eisner(1921) 256 U.S. 345, 349
Railroad Right of Way Passes to Successors
Sarah Sullivan acquires land as successor in title to a prior owner who received a limited railroad easement. When the railroad abandons the line, the successors in title to the original grantor assert full ownership. The Supreme Court holds that the successors take the fee without the easement burden once the railroad use ends.
Marvin M. Brandt Revocable Trust, et al. v. United States134 S. Ct. 1257 (2014)
Mortgage Moratorium Affects Successors
Spencer Silver purchases property subject to a mortgage as successor in title to the original mortgagor. A state statute extends the redemption period during an economic emergency. The Court upholds the extension against a contracts-clause challenge because the successors in title assumed the mortgage subject to existing state regulatory power.
Home Building & Loan Association v. Blaisdell290 U.S. 398, 54 S.Ct. 231, 78 L.Ed. 413 (1934)
Land Grant Remains Binding on Successors
Summit Bank acquires title as successor in interest to a purchaser who received land under a legislative grant containing restrictive covenants. A later repeal attempt by the state is challenged. The Court holds that the grant created vested rights that bind the state and all successors in title.
Fletcher v. Peck10 U.S. (6 Cranch) 87 (1810)
Common questions
Frequently Asked
4
When may a deposition be used against successors in interest?+
A deposition lawfully taken may be used in a later action involving the same subject matter between the same parties or their representatives or successors in interest to the same extent as if taken in the later action.
Does an interest retained by or limited to the conveyor or its successors in title have to satisfy the rule against perpetuities?+
Subject to a narrow exception for reserved options to repurchase, any interest that is neither a remainder nor an executory interest and is left in or limited in favor of the conveyor or the successors of the conveyor need not comply with the rule against perpetuities.
Are nonassuming grantees who are successors in ownership liable for waste?+
Yes. The term mortgagor includes successors in ownership of the original mortgagor other than leasehold tenants, so nonassuming grantees remain personally liable for waste even though they are not liable on the secured obligation.
Who receives trust property that exceeds the amount needed for its intended use?+
Property not required for the intended use must be distributed to the settlor if then living, otherwise to the settlor's successors in interest.
5 U.S. (1 Cranch) 137 (1803)Property
…established a Constitution those principles are fundamental and intended to be permanent. The government of the United States assigns to different departments respective powers and establishes limits not to be transcended. The Constitution is written to define limits; if those limits may be passed by those intended to be…