A reversion in
property law is a
future interest that is retained by the grantor after the conveyance of an estate of a lesser quantum that he has (such as the owner of 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., ...
granting a
life estate or a
leasehold estate
A leasehold estate is an ownership of a temporary right to hold land or property in which a lessee or a tenant holds rights of real property by some form of title from a lessor or landlord. Although a tenant does hold rights to real property, a ...
). Once the lesser estate comes to an end (the lease expires or the life estate tenant dies), the property automatically reverts (hence ''reversion'') back to the grantor.
A reversion interest is logically similar, but not legally identical, to the rights retained by someone who lends his property to another for a limited time. Although the
bailee has the right to possess the property during the limited duration, these rights are neither permanent nor exclusive. When the time comes, the property rights of possession will terminate and return to the holder of the reversion.
Reversions are commonly created in
real property
In English common law, real property, real estate, immovable property or, solely in the US and Canada, realty, is land which is the property of some person and all structures (also called improvements or fixtures) integrated with or affixe ...
transactions, particularly during
lease
A lease is a contractual arrangement calling for the user (referred to as the ''lessee'') to pay the owner (referred to as the ''lessor'') for the use of an asset. Property, buildings and vehicles are common assets that are leased. Industr ...
arrangements as well as
devise (the transfer of real property through a
will). In the context of a will, a
testator may devise a simple life estate to a devisee. The
testator may retain the reversion in the
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 give it to another individual. The owner of the life estate will retain ownership of the property during the devisee's life, and may freely alienate this interest. However, upon the death of the devisee the life estate will terminate and ownership of the real property will fully vest in the holder of the reversion.
A
tenancy for years
A lease is a contractual arrangement calling for the user (referred to as the ''lessee'') to pay the owner (referred to as the ''lessor'') for the use of an asset. Property, buildings and vehicles are common assets that are leased. Industrial ...
is a simple illustration of a reversion interest in the context of leasing arrangements. An owner of real property becomes a lessor by transferring a
bundle of rights
The bundle of rights is a metaphor to explain the complexities of property ownership. Law school professors of introductory property law courses frequently use this conceptualization to describe "full" property ownership as a partition of vari ...
– including a
right of entry – to the lessee for a certain period of time. The lessor typically retains a reversion interest in the property which will mature after the lease expires. A common example of this transaction is the
leasing of an apartment to a tenant for a one-year period. When the lease expires, the rights of the lessee are terminated and exclusive ownership of the property returns to the lessor. (In most jurisdictions today, tenants' rights legislation has made the practical picture more complicated).
Reversion should not be confused with the
possibility of reverter created in the grant of a
fee simple determinable. Although both result in the return of the land to the original grantor or his heirs, reversions occur upon the natural expiration of the grantee's estate, while the possibility of reverter actively ends the grantee's otherwise-indefinite estate as a consequence of the grantee's failure to comply with the condition contained in the grant.
Unlike some other future interests, reversions have always been fully
alienable ('sellable').
References
Property law
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