Conditional Limitation, in
law
Law is a set of rules that are created and are enforceable by social or governmental institutions to regulate behavior,Robertson, ''Crimes against humanity'', 90. with its precise definition a matter of longstanding debate. It has been vari ...
, a phrase used in two senses.
(1) The qualification annexed to the grant of an
estate
Estate or The Estate may refer to:
Law
* Estate (law), a term in common law for a person's property, entitlements and obligations
* Estates of the realm, a broad social category in the histories of certain countries.
** The Estates, representat ...
or interest in land, providing for the determination of that grant or interest upon a particular
contingency happening. An estate with such a limitation can endure only until the particular contingency happens; it is a present interest, to be divested on a future contingency. The grant of an estate to a man so long as he is parson of Dale, or while he continues unmarried, are instances of conditional limitations of estates for life.
(2) A
use or interest in land limited to take effect upon a given contingency. For instance, a grant to X. and his heirs to the use of A., provided that when C. returns from Rome the land shall go to the use of B. in fee simple. B. is said to take under a conditional limitation, operating by executory devise or springing or shifting use.
In
American law, this creates a
fee simple
In English law, a fee simple or fee simple absolute is an estate in land, a form of freehold ownership. A "fee" is a vested, inheritable, present possessory interest in land. A "fee simple" is real property held without limit of time (i.e., ...
on
condition subsequent A condition subsequent is a philosophical and legal term referring to a defined event which terminates a proposition or a contractual obligation. In contrast to a condition precedent, a condition subsequent brings the event (or obligation) to an en ...
.
References
Real property law
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