Ownership of real property - Reversions

Learning Outcomes

This article explains reversionary interests in ownership of real property for MBE-style questions, including:

• Identifying when a reversion arises in conveyances and leases by comparing the estate granted with the grantor’s original estate.
• Distinguishing reversions from possibilities of reverter, rights of entry, remainders, and executory interests using characteristic language and termination events.
• Understanding the vesting status, transferability, and duration of reversions, and how these features affect creditors’ rights and exam outcomes.
• Applying reversion rules to fact patterns involving life estates, lease terms, defeasible fees, and concurrent ownership to predict who takes possession.
• Recognizing common exam pitfalls, including misclassification of future interests, merger issues, and the Doctrine of Worthier Title where it changes the analysis.
• Analyzing how reversions interact with waste, landlord–tenant rules, adverse possession, and RAP problems to eliminate common distractor answer choices.
• Developing a systematic method to classify all future interests in a conveyance, with emphasis on spotting any reversion left in the grantor.

MBE Syllabus

For the MBE, you are required to understand future interests retained by a grantor in real property, with a focus on the following syllabus points:

• Recognizing when a reversion arises from a conveyance of a lesser estate.
• Distinguishing reversions from other grantor future interests (possibility of reverter, right of entry).
• Distinguishing reversions from third-party future interests (remainders and executory interests).
• Understanding the vesting, alienability, and duration of reversions.
• Applying the Rule Against Perpetuities to future interests (and knowing why it does not apply to reversions).
• Spotting related doctrines (waste, merger, Doctrine of Worthier Title) that affect reversionary interests.
• Integrating reversions into fact patterns involving landlord–tenant law, concurrent estates, and adverse possession.

Test Your Knowledge

Attempt these questions before reading this article. If you find some difficult or cannot remember the answers, remember to look more closely at that area during your revision.

1. Which of the following best describes a reversion?
   1. A future interest in a grantee that follows a life estate.
   2. A future interest in the grantor that arises when a lesser estate is created but not all of the grantor’s interest is transferred.
   3. A future interest in a third party that follows a fee simple determinable.
   4. A present possessory interest held by the grantor.
2. O conveys “to A for life.” What interest does O retain?
   1. Possibility of reverter.
   2. Right of entry.
   3. Reversion.
   4. Executory interest.
3. Which of the following is true about reversions?
   1. They are always contingent.
   2. They are not transferable during life.
   3. They are vested and freely transferable.
   4. They are subject to the Rule Against Perpetuities.
4. O conveys “to A for life, then to B if B marries.” At the time of the conveyance, B is single. Which statement is most accurate?
   1. A has a life estate; B has a vested remainder; O has no future interest.
   2. A has a life estate; B has a contingent remainder; O has a reversion.
   3. A has a life estate; B has an executory interest; O has a reversion.
   4. A has a life estate; B has a possibility of reverter; O has a right of entry.
5. O conveys “to A for life, then to O’s heirs.” The jurisdiction applies the Doctrine of Worthier Title as a rule of construction to inter vivos conveyances. Which is the best description?
   1. A has a life estate; O’s heirs have a contingent remainder.
   2. A has a life estate; O’s heirs have a vested remainder.
   3. A has a life estate; O retains a reversion.
   4. A has a fee simple subject to a condition subsequent; O has a right of entry.

Introduction

Reversions are one of the core grantor-retained future interests in real property law. They arise constantly in standard conveyances and leases and appear frequently in MBE fact patterns testing future interests, life estates, concurrent estates, and landlord–tenant law.

Key Term: Future Interest
A nonpossessory property interest that may give its holder the right to possession of real property in the future.

Key Term: Grantor
The person who conveys an interest in real property to another.

Key Term: Grantee
The person who receives an interest in real property from a grantor.

Key Term: Present Possessory Estate
An estate that gives its holder the current, legal right to possess and use the land now (such as a fee simple, life estate, or term of years).

A reversion is a type of future interest in real property law that remains with the grantor after conveying a lesser estate than the grantor’s full interest.

Key Term: Reversion
A future interest retained by the grantor when the grantor creates a lesser estate (such as a life estate or term of years) out of a larger estate and does not convey away the entire remaining interest.

Understanding reversions is essential for MBE questions involving future interests, especially where the grantor does not transfer the entire fee simple or transfers only part of a limited estate. The central idea is that whatever the grantor does not give away remains with the grantor, and that leftover slice is often a reversion.

Estates Commonly Giving Rise to Reversions

Reversions typically arise when a grantor holding a fee simple absolute gives away less than the whole.

Key Term: Fee Simple Absolute
The largest possessory estate in land, potentially infinite in duration, not subject to any future interest in another unless the owner creates one.

Key Term: Life Estate
A present possessory estate measured by the life of a person; it ends at that person’s death.

Key Term: Life Estate Pur Autre Vie
A life estate measured by the life of someone other than the holder, such as “to A for the life of B.”

Key Term: Term of Years
A leasehold estate that lasts for a fixed, calendar-specified period of time.

The grantor may also hold a lesser estate (for example, only a life estate) and carve out an even shorter estate from it. In every case, the question is: does the grantor still have something left after the conveyance? If yes, that residue is usually a reversion.

Key Term: Lesser Estate
An estate that is shorter in duration than the estate held by the grantor, such as a life estate or a term of years, carved out of a larger estate.

Examples of “larger” vs “lesser” estates for reversion analysis:

• From fee simple absolute: carving out a life estate, a term of years, or a series of life estates.
• From a life estate: carving out a shorter term of years or another life estate (for example, “for 10 years” out of a life estate measured by O’s life).

When a grantor with fee simple absolute carves out one of these lesser estates and does not specify who takes after that estate ends, the leftover interest automatically remains with the grantor as a reversion.

Defeasible Fees and Where Reversions Do Not Arise

To see where reversions do not arise, it is useful to contrast them with defeasible fees.

Key Term: Defeasible Fee
A fee simple estate that may end early upon the occurrence of a specified event, such as a fee simple determinable or a fee simple subject to condition subsequent.

Key Term: Fee Simple Determinable
A fee simple estate that automatically ends upon the occurrence of a stated event, typically signaled by words of duration (e.g., “so long as,” “until,” “while”).

Key Term: Fee Simple Subject to Condition Subsequent
A fee simple estate that does not automatically end, but gives the grantor a right to terminate if a condition happens, typically signaled by words such as “but if,” “on condition that,” or “provided that.”

Key Term: Fee Simple Subject to Executory Limitation
A fee simple estate that will pass automatically to a third party upon the occurrence of a specified condition, rather than reverting to the grantor.

Defeasible fees usually give rise to other grantor future interests (a possibility of reverter or right of entry) or to executory interests in third parties—not to reversions—because the prior estate is itself a fee simple, not a lesser estate like a life estate or term of years.

Systematic Approach to Spotting a Reversion on the MBE

A disciplined method for each conveyance:

1. Identify the present possessory estate.
2. Ask what estate the grantor originally held.
3. Compare: Is the present estate shorter in duration than what the grantor had?
4. Examine all future interests given to others.
5. If any part of the original estate is not effectively given away, that leftover part is a reversion in the grantor.

If the grantor kept any future interest and that future interest follows the natural termination of the prior estate rather than a condition, it is almost always a reversion.

When Does a Reversion Arise

A reversion arises automatically whenever a grantor transfers an estate of lesser duration than the one the grantor holds, and does not specify who takes the remaining interest.

Important points about creation:

• No special words are needed. A reversion arises by operation of law whenever the grantor does not dispose of the entire estate.
• The reversion may be implied (not mentioned in the deed) or express (e.g., “to A for life, then to O”).
• The duration and “quality” of the reversion match whatever is left of the grantor’s original estate.
• The grantor can hold less than fee simple; a reversion can be carved out of a life estate just as it can be carved out of a fee simple.

Examples where a reversion arises:

• Grantor with fee simple:

  • “O conveys Blackacre to A for life.”
    O retains a reversion in fee simple.
  • “O conveys Blackacre to B for 20 years.”
    O retains a reversion in fee simple, to become possessory when the term ends.

• Grantor with a life estate:

  • “O holds Blackacre for life and conveys ‘to A for 5 years.’”
    O retains a reversion in O’s life estate. After A’s 5-year term ends, O’s life estate becomes possessory until O dies. At O’s death, all interests end.

• Grantor with life estate pur autre vie:

  • “O holds Blackacre for the life of B and conveys ‘to A for life.’”
    Because any estate created out of O’s life estate pur autre vie cannot last longer than B’s life, O still has a reversion: when A’s life estate ends (which might be before or after B’s death), possession will revert to O or O’s successors for the remainder of B’s life, if any.

Examples of Reversions

• O owns Blackacre in fee simple and conveys “to A for life.”
  O retains a reversion in fee simple, because O kept what remains after A’s life estate.
• O conveys “to B for 20 years.”
  O retains a reversion in fee simple after the 20-year term.
• O holds a life estate in Blackacre (measured by O’s life) and conveys “to A for 5 years.”
  O retains a reversion in O’s life estate that becomes possessory after the 5-year term and lasts until O dies.
• O owns Blackacre in fee simple and conveys “to A for the life of B.”
  A has a life estate pur autre vie measured by B’s life. When B dies, A’s estate ends, and O’s reversion in fee simple becomes possessory.

Key Term: Reversioner
The person (usually the grantor or the grantor’s successor) who holds the reversionary interest.

A reversion does not arise if the grantor conveys the entire fee simple or if the future interest is expressly given to a third party so that the entire future interest is in the grantee (or grantees). In that case, those future interests are remainders or executory interests.

Reversions Coexisting with Other Future Interests

A reversion can exist together with other future interests. Even if a remainder is created in a third party, the grantor may still retain a reversion if the entire interest is not exhausted. This is a common MBE trap.

Examples:

• O conveys “to A for life, then to B for life.”
  A and B each have life estates. Once B’s life estate ends, no grantee has any further interest. O retains a reversion in fee simple.

• O conveys “to A for life, then to B if B survives A.”
  B has a contingent remainder. If B fails to satisfy the condition, possession will return to O. O therefore holds a reversion in fee simple that will become possessory if B’s remainder never vests.

• O conveys “to A for life, then to A’s children who survive A.” At the time of the conveyance, A has no children.
  A has a life estate. A’s unborn children have a contingent remainder (unascertained and subject to the survival condition). O has a reversion in fee simple that will become possessory if A dies leaving no surviving children.

• O conveys “to A for life, then to A’s children.” At the time of conveyance, A has one child, C.
  A has a life estate. C has a vested remainder subject to open (because A may have more children). There is no reversion in O, because however many children A ends up having, they collectively take the full fee simple; the entire future interest has been given to A’s children as a class.

Understanding that the grantor can retain a reversion in addition to a remainder or executory interest is important. On the MBE, if any part of the future interest is not effectively given to someone else, that leftover portion is usually a reversion in the grantor.

Reversions vs. Other Future Interests

It is essential to distinguish a reversion from other future interests, both those retained by the grantor and those held by third parties.

Other Grantor-Retained Future Interests

Key Term: Possibility of Reverter
A future interest retained by the grantor when a fee simple determinable is created, causing the estate to end automatically and return to the grantor if a stated condition occurs.

Key Term: Right of Entry (Power of Termination)
A future interest retained by the grantor when a fee simple subject to condition subsequent is created, giving the grantor the power to re-enter and terminate the estate if a stated condition occurs.

Comparison:

• A reversion follows the natural expiration of a prior estate (for example, the end of a life estate or term of years).
• A possibility of reverter follows a fee simple determinable and operates automatically on the happening of the condition.
• A right of entry follows a fee simple subject to condition subsequent and requires the grantor to take action to reclaim possession.

On the exam, if the prior estate ends at a natural termination point (death of life tenant, end of stated term) and the grantor kept the remaining interest, the future interest is a reversion, not a possibility of reverter or right of entry.

By contrast, if the grant is in fee simple but is subject to a condition that may cut it short, the grantor’s interest will usually be a possibility of reverter or right of entry, not a reversion.

Future Interests in Third Parties

Key Term: Remainder
A future interest in a third party that is capable of becoming possessory upon the natural expiration of the prior estate created in the same instrument, without cutting short that estate.

Key Term: Contingent Remainder
A remainder either in an unascertained person or subject to a condition precedent (other than the natural termination of the prior estate).

Key Term: Vested Remainder Subject to Open
A remainder given to at least one ascertained person, not subject to a condition precedent, but where additional class members may still join and share the interest.

Key Term: Executory Interest
A future interest in a third party that becomes possessory only by divesting (cutting short) a prior estate or by springing out of the grantor at a future time not tied solely to the natural termination of a prior estate.

Key Term: Shifting Executory Interest
An executory interest that divests a grantee’s prior estate.

Key Term: Springing Executory Interest
An executory interest that divests the grantor or springs out of the grantor at a future time.

A reversion is always in the grantor (or the grantor’s successors). A remainder or executory interest is always in a grantee or third party.

Examples:

• O conveys “to A for life, then to B.”
  A has a life estate; B has a vested remainder in fee simple; O retains no reversion because the entire fee simple has been given away (A’s life estate followed by B’s remainder in fee simple).

• O conveys “to A for 10 years, then to B for life.”
  A has a term of years; B has a life estate; O retains a reversion in fee simple after B’s life estate ends.

• O conveys “to A so long as the land is used as a farm, then to B.”
  A has a fee simple subject to executory limitation; B has a shifting executory interest. O retains no future interest and therefore has no reversion.

A common exam pitfall is mislabeling the grantor’s retained interest as a “remainder.” A remainder by definition cannot be in the grantor; if the future interest is held by the grantor, it is a reversion, possibility of reverter, or right of entry.

Characteristics of Reversions

Several technical features of reversions are frequently tested.

Vested Nature

A reversion is always vested in the grantor. It is not subject to any condition precedent other than the natural termination of the prior estate. The grantor is certain to own some interest in the property, even though it is not yet possessory.

Key Term: Vested Interest
An interest that is presently owned by an identifiable person and is not subject to any condition precedent other than the natural termination of prior estates.

Even though the timing of possession may be uncertain (for example, no one knows exactly when a life tenant will die), that uncertainty does not make the reversion contingent. The only “condition” for possession is the inevitable end of the preceding estate.

Consequences of being vested:

• The reversion is transferable.
• The reversion is not subject to the Rule Against Perpetuities.
• The reversion is generally reachable by creditors and can be encumbered (e.g., mortgaged).

Transferability

Reversions can be treated as ordinary property interests and are generally:

• Transferable inter vivos (by sale or gift).
• Transferable by will (devise).
• Transferable by intestacy (passing to heirs if the owner dies without a will).
• Reachable by creditors of the reversioner.

At common law, some grantor future interests (especially rights of entry) were not devisable or assignable. Modernly, and for MBE purposes, reversions are fully alienable. On exam facts, a grantor may sell or devise “all my remaining interest in Blackacre,” which includes any reversion that the grantor holds.

The transferee of a reversion steps into the grantor’s shoes:

• The prior estate is unchanged.
• The person who owns the reversion (whether the original grantor or a transferee) has the same rights to protect the property and to take possession when the prior estate ends.

Not Subject to the Rule Against Perpetuities

Key Term: Rule Against Perpetuities (RAP)
A rule that invalidates certain future interests if there is any possibility that they might vest, if at all, more than twenty-one years after some life in being at the creation of the interest.

Reversions are not subject to the Rule Against Perpetuities. This is a frequent exam point: future interests retained by the grantor (reversions, possibilities of reverter, rights of entry) are exempt from RAP.

The Rule Against Perpetuities applies only to certain future interests in grantees, such as:

• Contingent remainders.
• Executory interests.
• Some vested remainders subject to open (class gifts).

On the MBE, any answer choice that says “the reversion violates the Rule Against Perpetuities” should be treated with suspicion.

Reversions often “save” a conveyance when another future interest is struck down under RAP. If a contingent remainder or executory interest is void for remoteness, the property typically reverts to the grantor (or the grantor’s successors) under the reversion.

Duration and Type of Estate

The quality of the reversion mirrors the quality of the estate the grantor held initially:

• If the grantor had fee simple absolute and conveys “to A for life,” the reversion is in fee simple.
• If the grantor had only a life estate and conveys “to A for 5 years,” the grantor’s reversion is in the life estate, and it ends at the grantor’s death.
• If the grantor had a life estate pur autre vie measured by B’s life and carves out a shorter term, the reversion is limited by B’s life.

Thus, a reversion can be in any estate the grantor originally had, not only fee simple.

The reversion may also be shared among multiple owners. For example, O can transfer the reversion to X and Y as tenants in common; when the prior estate ends, X and Y will become concurrent possessory owners.

Rights of the Reversioner

The holder of a reversion (the reversioner) has several important legal rights:

• The right to possession when the prior estate ends.
• The right to protect the property’s value during the prior estate by suing for waste.
• The right to transfer or encumber the reversion.

Key Term: Waste
An unreasonable interference with the value of property by the current possessor that harms the future interest holder (such as a reversioner or remainderman).

Different types of waste are tested on the MBE:

Key Term: Voluntary Waste
Deliberate or negligent affirmative acts by the current possessor that substantially reduce the property’s value (for example, tearing down a structure without justification).

Key Term: Permissive Waste
Waste caused by failure to reasonably maintain or repair the property, resulting in deterioration or damage.

Key Term: Ameliorative Waste
Changes that substantially alter the character of the property but increase or do not reduce its value (for example, converting a mansion to apartments in a changing neighborhood).

Reversioners (like remaindermen) typically may:

• Sue for voluntary waste.
• Sue for permissive waste if the holder of the present estate has a duty of reasonable care.
• Sometimes challenge ameliorative changes where the identity or character of the property was intended to be preserved.

The key for exam purposes is that a reversioner, as a future interest holder, has standing to protect the property from conduct by the present possessor that would unreasonably impair the value of the future interest.

Reversions and Leaseholds

Reversions frequently appear in the landlord–tenant context. When a landlord grants a leasehold estate, the landlord typically retains a reversion.

• O owns Blackacre in fee simple and leases Blackacre “to T for 5 years.”
  T holds a term of years; O holds a reversion in fee simple that becomes possessory at the end of the 5-year term.

When the term ends, the landlord’s reversion becomes possessory unless the lease is renewed or extended.

Key Term: Holdover Tenant
A tenant who remains in possession of leased premises after the lease term has expired, without the landlord’s consent.

If the tenant remains after the end of the term, the tenant is a holdover tenant. The landlord, as reversioner whose interest has now become possessory, may:

• Evict the holdover and recover possession; or
• Elect to hold the tenant to a new periodic tenancy (under common-law rules and subject to modern statutory modifications).

This interaction with landlord–tenant rules often appears on the MBE, where the analysis starts with recognizing that the landlord’s reversion became possessory at the end of the term.

Reversions and Concurrent Ownership

Reversions can be shared or split among multiple people just like present estates:

• O conveys “to A for life.” O later conveys the reversion to B and C as tenants in common.
  A has a life estate; B and C each have an undivided half interest in the reversion in fee simple. At A’s death, B and C’s reversion becomes possessory, and they own Blackacre as tenants in common.

A reversion can also exist alongside concurrent present estates:

• O conveys “to A and B as joint tenants for life.”
  A and B hold a joint life estate; O retains a reversion in fee simple. When the last surviving joint tenant dies, O (or O’s successors) takes possession.

Concurrent ownership does not change the legal nature of the reversion; it simply affects who owns the future interest and in what fractional shares.

Creation and Transfer of Reversions

A reversion is created automatically by operation of law; no special words are needed. The grantor may transfer the reversion to another party by sale, gift, or will. The transferee then holds the reversion and will take possession when the prior estate ends.

Because no special words are required, exam fact patterns often omit any explicit reference to a reversion. You must infer it from the structure of the conveyance and the duration of the estate given.

Recording acts and reversions:

• A reversion is an interest in land and can be recorded.
• A purchaser for value of the reversion can be protected by the recording statute against subsequent purchasers of the same interest.
• However, failure to record the reversion typically does not affect the validity of the original grant; it primarily affects priority among competing claimants to the reversion itself.

Key Term: Merger
A doctrine under which a smaller estate and the next vested estate in the same person combine into a larger estate when no intermediate vested estate exists.

Merger is relevant when a person owns both a present possessory estate and the next vested future interest. For example:

• O conveys “to A for life.” O has a reversion. If O later conveys the reversion to A, A holds both the life estate and the reversion in fee simple. The life estate and reversion merge, giving A fee simple absolute.

Merger requires:

• The same person to hold the present estate and the next vested future interest.
• The interests to be of the same quality (usually legal, not equitable) and not separated by any other vested estate.

If there is an intervening vested remainder in a third party, merger will not operate to “leap over” it. This can preserve remainders and prevent unexpected fee simple estates from arising.

Doctrine of Worthier Title and Reversions

Key Term: Doctrine of Worthier Title
A common-law doctrine (now mostly abolished or treated as a rule of construction) that disfavors remainders in the grantor’s heirs, preferring to treat the grantor as retaining a reversion instead.

At common law, a conveyance such as “O conveys to A for life, then to O’s heirs” was treated as if O retained a reversion, rather than creating a remainder in O’s heirs. The doctrine reflects a preference that a grantor’s heirs take by intestacy rather than by purchase (as remaindermen).

Modernly:

• Many jurisdictions have abolished the Doctrine of Worthier Title, especially for wills.
• Some jurisdictions retain it as a rule of construction, meaning it is a rebuttable presumption about the grantor’s intent rather than an automatic rule of law.

Key Term: Rule of Construction
A judicial guideline used to interpret ambiguous language in a conveyance or will, which may be overridden by clear evidence of contrary intent.

On the MBE, unless the question specifies otherwise, assume the doctrine operates as a rule of construction in inter vivos transfers. In those jurisdictions, a grant “to A for life, then to O’s heirs” is presumed to create:

• A life estate in A, and
• A reversion in O in fee simple,

with the phrase “then to O’s heirs” treated as surplusage. O’s heirs, if any, will then take by intestate succession when O dies, rather than under a remainder created by the deed.

Adverse Possession and Reversions

Key Term: Adverse Possession
A method of acquiring title to land by possessing it in a manner that is actual, open and notorious, exclusive, hostile, and continuous for the statutory period.

The interaction between adverse possession and future interests, including reversions, can be subtle:

• While a life tenant is in possession, adverse possession against the life tenant generally does not run against the reversioner. The adverse possessor’s claim is limited to the life tenant’s interest.
• When the life estate ends (for example, the life tenant dies), the reversioner’s right to possession arises. If an adverse possessor remains in possession against the reversioner, the statute of limitations for adverse possession then starts running against the reversioner.
• Adverse possession can therefore “wait in the wings” during the prior estate and only begin to cut off the reversion once the reversion becomes possessory (or should become possessory).

Exam trap: a student might think long adverse possession during the life tenancy bars the reversioner’s claim. Unless the adverse possession continues for the full statutory period after the reversioner’s right to possession arises, the reversion is not destroyed.

Worked Example 1.1

O conveys Blackacre “to A for life.” What future interest does O have, and what happens when A dies?

Answer:
O has a reversion in fee simple. When A dies, A’s life estate ends naturally. O’s reversion then becomes possessory, so O or O’s successors obtain full possessory rights in fee simple.

Worked Example 1.2

O conveys “to B for 10 years.” After 10 years, B remains in possession and O does nothing. Who has the right to possession?

Answer:
O’s reversion in fee simple becomes possessory at the end of the 10-year term. At that point, B is a holdover tenant with no right to possession. O (or O’s successors) has the right to immediate possession and may evict B or hold B as a periodic tenant under landlord–tenant rules.

Worked Example 1.3

O owns Blackacre in fee simple and conveys “to A for life, then to B and her heirs if B graduates from law school.” At the time of the conveyance, B is a high school student. What interests exist?

Answer:
A has a life estate. B has a contingent remainder in fee simple (contingent on graduation from law school). O retains a reversion in fee simple that will become possessory if B’s contingent remainder fails to vest (for example, if A dies before B graduates). The presence of B’s contingent remainder does not eliminate O’s reversion because the entire future interest has not been given away.

Worked Example 1.4

O owns Blackacre in fee simple and conveys “to A for life, then to B for life.” What interests exist, and who takes upon A’s death and B’s death?

Answer:
A has a life estate. B has a vested remainder in a life estate (B is an ascertained person and no condition precedent applies). O retains a reversion in fee simple. When A dies, B’s life estate becomes possessory. When B later dies, O’s reversion becomes possessory in fee simple.

Worked Example 1.5

O conveys “to A for life, then to the heirs of O.” Assume the jurisdiction follows the traditional Doctrine of Worthier Title as a rule of construction. What interests are created?

Answer:
At common law, “heirs of O” indicates a remainder in O’s heirs. Under the Doctrine of Worthier Title (as a rule of construction), courts prefer to interpret the grant as if O retained a reversion rather than creating a remainder in O’s heirs. Thus, A has a life estate, and O retains a reversion in fee simple. The language “then to the heirs of O” is treated as surplusage. On the MBE, unless the question specifies otherwise, assume the doctrine operates as a rule of construction in inter vivos transfers.

Worked Example 1.6

O owns Blackacre in fee simple and conveys “to A for 10 years, then to B if B is then living.” At the time of the conveyance, B is alive.

Answer:
A has a term of years. B has a contingent remainder in fee simple, because B must be alive at the end of A’s term (a condition precedent). O retains a reversion in fee simple that will become possessory if B is not alive when A’s 10-year term ends. The possibility that the condition will not be satisfied leaves a slice of the future interest in O as a reversion.

Worked Example 1.7

O owns Blackacre in fee simple and conveys “to A for life, then to B for life, then to C and her heirs if C graduates from college.” C is currently in high school.

Answer:
A has a life estate. B has a vested remainder in a life estate (no condition precedent other than the natural expiration of A’s life estate). C has a contingent remainder in fee simple (contingent on C’s graduation from college). O retains a reversion in fee simple that will become possessory if C’s contingent remainder never vests (for example, if B dies before C graduates and C never later satisfies the condition). Multiple future interests can coexist, and any part of the total future interest not effectively given to others remains in O as a reversion.

Worked Example 1.8

O owns Blackacre in fee simple and conveys “to A for life, then to O’s heirs.” The jurisdiction has abolished the Doctrine of Worthier Title. What interests are created?

Answer:
A has a life estate. O’s heirs (who are unascertained until O’s death) have a contingent remainder in fee simple. O does not retain a reversion in fee simple because the entire future interest has been validly given to O’s heirs. If O dies before A, the contingent remainder in O’s heirs will vest at O’s death (the heirs become ascertained), subject to A’s continuing life estate.

Worked Example 1.9

O owns Blackacre in fee simple and conveys “to A for life. O later conveys O’s reversion to B.” A then conveys A’s life estate to B. What estate does B hold?

Answer:
Initially, A has a life estate and O has a reversion in fee simple. O’s conveyance to B transfers the reversion to B. B then acquires A’s life estate. At that point, B holds both the present life estate and the next vested future interest (the reversion) in the same property. The doctrine of merger applies, and B’s interests combine into a fee simple absolute.

Worked Example 1.10

O owns Blackacre in fee simple and conveys “to A for life, then to A’s first child to become a doctor.” At the time of the conveyance, A has no children. Assume the jurisdiction strictly applies the common-law Rule Against Perpetuities. What interests exist after RAP analysis?

Answer:
A has a life estate. The gift “to A’s first child to become a doctor” is a contingent remainder in a person not yet in being and subject to a condition that might not be satisfied, if at all, within lives in being plus 21 years. Under common-law RAP, this contingent remainder is void from its creation. Because the contingent remainder is struck down, the property interest that would have gone to A’s qualifying child instead remains with O as a reversion in fee simple. O’s reversion will become possessory when A dies.

Reversions and the Rule Against Perpetuities

A reversion is not subject to the Rule Against Perpetuities because it is vested in the grantor from the moment of creation. The grantor’s interest is certain to exist, even if the time of enjoyment is uncertain.

Reversions often play a key role in RAP problems:

• If a contingent remainder or executory interest is void under RAP, the interest that would have gone to the grantee instead falls back to the grantor as a reversion.
• The grantor’s reversion remains valid and may become possessory at the end of the prior estate.

What RAP does affect is the timing and validity of grantees’ interests. But those interests failing under RAP do not invalidate the grantor’s reversion.

Exam Tip:
If an answer choice states that a grantor’s future interest (reversion, possibility of reverter, right of entry) is invalid under RAP, that answer is almost always incorrect for MBE purposes.

Additional Exam Pitfalls and Doctrines Affecting Reversions

Interaction with Waste

Because the reversioner has a future interest in the property, the reversioner may:

• Sue the current possessor (such as a life tenant or term-of-years tenant) for voluntary waste (deliberate damage).
• Potentially sue for permissive waste (neglect) if the possessor fails to keep the property in reasonable repair.
• In limited situations, object to ameliorative waste if changes alter the property’s character contrary to the grantor’s intent.

Reversioners and remaindermen are typically treated similarly for purposes of waste actions. When analyzing an MBE fact pattern:

• Identify whether the complainant has a reversion or remainder.
• Ask whether the complained-of conduct unreasonably diminishes (or significantly alters) the value of that future interest.
• Recognize that a reversioner’s remedy is usually damages, an injunction, or both.

Reversions and the Doctrine of Merger

As noted above, merger can convert separated estates into a larger estate:

• Where a person acquires both a present estate and the next vested future interest, and
• There is no intermediate vested interest in another person.

Effects on reversions:

• If a life tenant purchases the reversion from the grantor, the life estate and reversion merge into a fee simple.
• If the reversioner purchases the life estate, the same result occurs.

Merger can have consequences for other future interests:

• If a contingent remainder lies between the life estate and the reversion, merger was historically used in some jurisdictions to destroy the contingent remainder (the “destructibility of contingent remainders” doctrine).
• For MBE purposes, assume the modern view: contingent remainders are usually not destroyed by merger; courts preserve them where possible.

The key takeaway is that merger may eliminate the reversion as a separate interest by combining it with a present estate.

Doctrine of Worthier Title: Summary of Effects

Revisiting the Doctrine of Worthier Title:

• Applies when a grantor attempts to create a remainder in the grantor’s own heirs (for example, “to A for life, then to my heirs”).
• The doctrine prefers to treat that language as retaining a reversion in the grantor.
• As a rule of construction, courts may look at the grantor’s intent and can allow a remainder in the heirs if the grantor’s intent is clearly contrary to the doctrine.

On the MBE:

• Pay attention to whether the question specifies that the doctrine is in force and whether it is a rule of law or a rule of construction.
• If applied, it typically converts what appears to be a remainder in the heirs into a reversion in the grantor.

Reversions vs. Other Future Interests: Summary Comparison

Instead of a table, the following summary compares key future interests relevant to the MBE:

• Reversion:

  • Holder: Grantor (or grantor’s successors).
  • Arises when: Grantor creates a lesser estate (life estate, term of years) and does not dispose of the entire remaining interest.
  • Trigger: Natural expiration of prior estate.
  • RAP: Does not apply.

• Possibility of Reverter:

  • Holder: Grantor.
  • Arises when: Fee simple determinable is created (“so long as,” “until,” “while”).
  • Trigger: Automatic termination upon condition.
  • RAP: Does not apply.

• Right of Entry (Power of Termination):

  • Holder: Grantor.
  • Arises when: Fee simple subject to condition subsequent is created (“but if,” “on condition that,” “provided that”).
  • Trigger: Grantor must take action (re-entry) to reclaim.
  • RAP: Does not apply.

• Remainder:

  • Holder: Third party grantee.
  • Arises when: Future interest follows a life estate or term of years and does not cut short the prior estate.
  • Trigger: Natural expiration of prior estate.
  • RAP: Applies to contingent remainders and some vested remainders subject to open.

• Executory Interest:

  • Holder: Third party grantee.
  • Arises when: Future interest cuts short a prior estate (shifting) or springs out of the grantor at a future time (springing).
  • Trigger: Divestment of prior estate or future springing event.
  • RAP: Applies.

When classifying any future interest on the MBE, a reliable checklist is:

• Who holds the future interest (grantor vs grantee)?
• What type of present estate precedes it (lesser estate vs defeasible fee vs fee simple absolute)?
• Does the estate end naturally, or is there a condition that may cut it short?
• Is the transition automatic or does it require action by the grantor?

If the interest is in the grantor and follows the natural expiration of a lesser estate, it is a reversion.

Key Point Checklist

This article has covered the following key knowledge points:

• A reversion is a future interest retained by the grantor when a lesser estate is created out of a larger estate and the grantor does not convey the entire interest.
• Reversions arise automatically by operation of law; no special words are needed in the conveyance.
• The quality and duration of a reversion mirror the grantor’s original estate (fee simple, life estate, or life estate pur autre vie).
• Reversions may coexist with remainders or executory interests when not all future interests are given away.
• If any part of the future interest is not effectively given to a grantee, that leftover part usually remains in the grantor as a reversion.
• Reversions are always vested in the grantor, freely transferable (inter vivos, by will, and by intestacy), and reachable by creditors.
• Reversioners have standing to protect the property through waste actions, including claims of voluntary, permissive, or, in some cases, ameliorative waste.
• Reversions are not subject to the Rule Against Perpetuities; RAP applies only to certain future interests in grantees.
• When contingent remainders or executory interests are void under RAP, the grantor’s reversion typically becomes the operative future interest.
• A reversion must be distinguished from a possibility of reverter and a right of entry, which accompany defeasible fees, not ordinary life estates or terms.
• A reversion must be distinguished from remainders and executory interests, which are always held by someone other than the grantor.
• Merger can eliminate a reversion by combining it with a present estate in the same person, potentially producing a fee simple estate.
• The Doctrine of Worthier Title can convert a purported remainder in the grantor’s heirs into a reversion in the grantor, particularly in inter vivos transfers where the doctrine is applied as a rule of construction.
• Adverse possession against a life tenant generally does not cut off the reversioner’s rights unless it continues for the statutory period after the reversion becomes possessory.
• On MBE questions, always identify: (1) who holds the future interest, (2) what type of present estate is created, and (3) whether the prior estate ends naturally or on a condition, to classify the interest correctly as a reversion or something else.

Key Terms and Concepts

• Future Interest
• Grantor
• Grantee
• Present Possessory Estate
• Reversion
• Fee Simple Absolute
• Defeasible Fee
• Fee Simple Determinable
• Fee Simple Subject to Condition Subsequent
• Fee Simple Subject to Executory Limitation
• Life Estate
• Life Estate Pur Autre Vie
• Term of Years
• Lesser Estate
• Reversioner
• Possibility of Reverter
• Right of Entry (Power of Termination)
• Remainder
• Contingent Remainder
• Vested Remainder Subject to Open
• Executory Interest
• Shifting Executory Interest
• Springing Executory Interest
• Vested Interest
• Waste
• Voluntary Waste
• Permissive Waste
• Ameliorative Waste
• Rule Against Perpetuities (RAP)
• Merger
• Doctrine of Worthier Title
• Rule of Construction
• Holdover Tenant
• Adverse Possession