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Reversion v. Possibility of Reverter

Posted: Sun Feb 07, 2016 12:59 am
by kraeton
Is reversion just a general category that encompasses both possibility of reverter (automatic reversion) and right of re-entry (optional but grantor must affirmatively...)?

I'm just finishing up on making flashcards for my last MBE subject property, and i noticed I uh... don't know.

Fee Simple Determinable: Grantor has a possibility of reverter.

Fee Simple Subject to Condition Subsequent: Grantor has a right of re-entry.

Fee Simple Subject to Executory Interest: Grantor has no rights upon execution of the stated condition.

The word "reversion" seems to get thrown around a lot though in a very general way.

Re: Reversion v. Possibility of Reverter

Posted: Sun Feb 07, 2016 1:17 am
by GrizzlyWintergreen
¯\_(ツ)_/¯

Re: Reversion v. Possibility of Reverter

Posted: Sun Feb 07, 2016 1:38 am
by BigZuck
Guessing it probably gets thrown around in a lot of ways willy nilly but according to Wikipedia there is a distinct difference.

Re: Reversion v. Possibility of Reverter

Posted: Sun Feb 07, 2016 1:38 am
by BVest
Reversion will absolutely happen, like with a life estate. It's both automatic (like the possibility of a reverter) and certain (the life estate holder will die), thus removing the "possibility" from the equation.

Re: Reversion v. Possibility of Reverter

Posted: Sun Feb 07, 2016 1:45 am
by kraeton
BVest wrote:Reversion will absolutely happen, like with a life estate. It's both automatic (like the possibility of a reverter) and certain (the life estate holder will die), thus removing the "possibility" from the equation.
Like you said, the Possibility of Reverter itself ,contrary to its name isn't a "possibility," but a total guarantee of reversion.

That's why I asked the question if there's any difference at all unless the term "reversion" is a category that encompasses both possibility of reverter under the FSD (Fee Simple Determinable) and the Right to Re-entry in FSC (Fee Simple Subject to Condition Subsequent)

Re: Reversion v. Possibility of Reverter

Posted: Sun Feb 07, 2016 1:57 am
by BVest
kraeton wrote:
BVest wrote:Reversion will absolutely happen, like with a life estate. It's both automatic (like the possibility of a reverter) and certain (the life estate holder will die), thus removing the "possibility" from the equation.
Like you said, the Possibility of Reverter itself ,contrary to its name isn't a "possibility," but a total guarantee of reversion.
Not what I said. Possibility of reverter in FSD context is very much a possibility and not at all a guarantee. The condition terminating the FSD does not ever have to occur.

Re: Reversion v. Possibility of Reverter

Posted: Sun Feb 07, 2016 2:08 am
by kraeton
Oh snap, that's right.

So, is reversion a mechanism only of a life estate?

Re: Reversion v. Possibility of Reverter

Posted: Sun Feb 07, 2016 2:48 am
by Sue
kraeton wrote:Oh snap, that's right.

So, is reversion a mechanism only of a life estate?
Right. In life estate, future interest is reversion if held by grantor, remainder if held by a third party. In other words, future interest held by grantor is reversion in life estate, possibility of reverter in FSD.