Dictionary of Law
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rule against perpetuities :: legal definition


Rule against perpetuities - n. the legal prohibition against tying up property so that it cannot be transferred or vest title in another forever, for several future generations, or for a period of centuries. The maximum period in which real property title may be held without allowing title to vest in another is "lives in being plus 21 years." Therefore, a provision in a deed or will which reads, "Title shall be held by David Smith and, upon his death, title may only be held by his descendants until the year 2200, when it shall vest in the Trinity Episcopal Church," is invalid, but a provision that "the property will be held by my son George for his life, and thereafter by his son, Thomas, and for 20 years by his future children, before it may be conveyed (transferred) [or title shall then vest in the church]" is acceptable under the rule.

See also: restraint on alienation and Related Law Terms ↓


Related Law Terms

abeyance :: 1) n. when the owner- ship of property has not bee ... 2) legal jargon for "undetermined."
abstract of title :: n. the written report on a title search which show ... e also: chain of title title report
adoption :: n. the taking of a child into one's family, creati ... the child are met. See also: adopt
adverse possession :: n. a means to acquire title to land through obviou ... o: possession prescriptive easement
attachment :: n. the seizing of money or property prior to getti ... bond. See also: writ of attachment
bankruptcy :: n. a federal system of statutes and courts which p ... y proceedings trustee in bankruptcy
bar examination :: n. the examination given in each state by either t ... n that district. See also: attorney
basis :: n. the original cost of an asset to be used to det ... ssistance. See also: adjusted basis
Bill of Rights :: n. the first ten amendments to the federal Constit ... ved to the states or to the people.
chain of title :: n. the succession of title ownership to real prope ... title conveyance foreclosure title
cloud on title (cloud) :: n. an actual or apparent outstanding claim on the ... ion reconveyance title title report
color of title :: n. the appearance of having title to personal or r ... rty based on this "color of title."
condition precedent :: n. 1) in a contract, an event which must take plac ... o the property. See also: condition
condominium :: n. title to a unit of real property which, in real ... ium projects. See also: common area
contract :: 1) n. an agreement with specific terms between two ... n oral contract unilateral contract
copyright :: 1) n. the exclusive right of the author or creator ... plagiarism public domain trademark
covenant :: 1) n. a promise in a written contract or a deed of ... o compete deed restrictive covenant
dedication :: n. the giving of land by a private person or entit ... perty. See also: quiet title action
deed :: 1) n. the written document which transfers title ( ... veyance deed of trust warranty deed
deed of trust :: n. a document which pledges real property to secur ... : foreclosure mortgage reconveyance
defect :: n. an imperfection, quite often so great that the ... See also: defective defective title
defective title :: n. an apparent title to real property which fails ... so: chain of title defect defective
demise :: 1) v. an old-fashioned expression meaning to lease ... r life. 3) n. death. 4) n. failure.
divorce :: 1) n. the termination of a marriage by legal actio ... y separate property spousal support
easement :: n. the right to use the real property of another f ... rstandings at the time of creation.
eminent domain :: n. the power of a governmental entity (federal, st ... ngs. See also: condemn condemnation
escrow :: 1) n. a form of account held by an "escrow agent" ... w the deal." See also: escrow agent
future interest :: n. a right to receive either real property or pers ... maturity (age 18) or upon marriage.
grant :: v. to transfer real property from a title holder ( ... deed grantee grantor quitclaim deed
grant deed :: n. the document which transfers title to real prop ... rant grantee grantor quitclaim deed
grantor-grantee index :: n. a set of books and/or computerized lists found ... ument in tracking a chain of title.
insanity :: n. mental illness of such a severe nature that a p ... M'Naughten rule temporary insanity
interest :: n. 1) any and all, partial or total right to prope ... nal property real property standing
joint tenancy :: n. a crucial relationship in the ownership of real ... ty property tenancy in common title
laches :: n. the legal doctrine that a legal right or claim ... , breach of contract, fraud, etc.).
land :: n. real property, real estate (and all that grows ... See also: real estate real property
lease :: 1) n. a written agreement in which the owner of pr ... triple net lease unlawful detainer
levy :: 1) v. to seize (take) property upon a writ of exec ... heriff's sale tax writ of execution
lis pendens :: (lease pen-dense) n. Latin for "a suit pending," a ... ob can be penalized by court order.
literary property :: n. the writings of an author which entitles him/he ... as copyrighted. See also: copyright
marketable title :: n. the title to real property which has no encumbr ... e. See also: contract real property
merger :: n. 1) in corporate law, the joining together of tw ... and taking one, and wife the other.
mortgage :: n. a document in which the owner pledges his/her/i ... losure notice of default trust deed
nominal party :: n. a defendant or a plaintiff included in a lawsui ... ed. See also: necessary party party
notice :: n. 1) information, usually in writing in all legal ... Thirty-day notice three-day notice
operation of law :: n. a change or transfer which occurs automatically ... atically upon the child turning 18.
option :: n. a right to purchase property or require another ... ng or upon expiration of the lease.
palimony :: n. a substitute for alimony in cases in which the ... the relationship. See also: alimony
possibility of a reverter :: n. the potential that the title to a real property ... further issue. See also: reversion
prescription :: n. the method of acquiring an easement upon anothe ... ty. See also: prescriptive easement
privileges and immunities :: n. the fundamental rights that people enjoy in fre ... t impinge on constitutional rights.
promissory note :: n. a written promise by a person (variously called ... lso: interest obligee obligor usury
quiet title action :: n. a lawsuit to establish a party's title to real ... opposition. See also: notice title
quitclaim deed :: n. a real property deed which transfers (conveys) ... also: convey deed grant deed title
reconveyance :: n. in those states which use deeds of trust as a m ... conveyance. See also: deed of trust
record :: 1) v. (ree-cored) to put a document into the offic ... eeding race to the courthouse trial
remainder :: n. in real property law, the interest in real prop ... ed reversion title vested remainder
restraint on alienation :: n. an attempt in a deed or will to prevent the sal ... enant rule against perpetuities use
restrictive covenant :: n. 1) an agreement included in a deed to real prop ... o: covenant that runs with the land
resulting trust :: n. a trust implied by law (as determined by a cour ... See also: constructive trust trust
speedy trial :: n. in criminal prosecutions, the right of a defend ... hurt by the waiver. See also: trial
springing interest :: n. a future right to title to real property create ... lso: future interest interest title
statute of limitations :: n. a law which sets the maximum period which one c ... ies. See also: demurrer laches toll
subject to :: adj. referring to the acquisition of title to real ... : assumption deed of trust mortgage
tenancy by the entirety :: n. joint ownership of title by husband and wife, i ... ee also: community property tenancy
title :: n. 1) ownership of real property or personal prope ... ink slip real property title search
title insurance :: n. a policy issued by an insurance company guarant ... : chain of title title title search
title report :: n. the written analysis of the status of title to ... lso: abstract title title insurance
title search :: n. the examination of county records for the prope ... e escrow lien title title insurance
trust :: n. an entity created to hold assets for the benefi ... testamentary trust trustee trustor
use :: n. the right to enjoy the benefits of real propert ... ay it is only of academic interest.
variance :: n. 1) an exception to a zoning ordinance, authoriz ... process." See also: dismissal proof
vested :: adj. referring to having an absolute right or titl ... ed. See also: vest vested remainder
vested remainder :: n. the absolute right to receive title after a pre ... pass to him. See also: vest vested

Popular Law Searches

legal definition ministerial act :: n. an act, particularly of a governmental employee ... exercising any individual judgment.
chancery legal definition :: n. a court that can order acts performed. Today ch ... ts in most states. See also: equity
testamentary disposition legal definition :: n. how the terms of a will divide the testator's ( ... named beneficiaries. See also: will
contract of sufferance :: n. a "hold-over" tenancy after a lease has expired ... y tenancy at will unlawful detainer
forthwith legal definition :: adv. a term found in contracts, court orders and s ... mediacy, with no excuses for delay.
forthwith definition legal :: adv. a term found in contracts, court orders and s ... mediacy, with no excuses for delay.
what is to wit in a legal contract :: prep. that is to say. Example: "the passengers in ... tty Bumgartner and Sherry Younger."
mirror wills legal definition :: n. the wills of a husband and wife which are ident ... d each names the other as executor.
clean hands doctrine latin :: n. a rule of law that a person coming to court wit ... ices. See also: affirmative defense
sine qua non only relates to contract law :: (see-nay kwah nahn) prep. Latin for "without which ... qua non of the injury to Playmate.

Other Law Terms - R

race to the courthouse :: n. slang for the rule that the first deed, deed of ... e also: deed judgment lien mortgage
Racketeer Influenced Corrupt Organization (RICO) statue :: n. a federal law which makes it a crime for organi ... s to operate legitimate businesses.
racketeering :: n. the federal crime of conspiring to organize to ... ("organized crime" or "the Mafia").
ransom :: 1) n. money paid to a kidnapper in demand for the ... ive. See also: abduction kidnapping
rape :: 1) n. the crime of sexual intercourse (with actual ... See also: date rape statutory rape
ratable :: adj. taxable according to value, such as an estate ... lue, such as an estate or property.
ratification :: n. confirmation of an action which was not pre-app ... mployee). See also: agent principal
ratify :: v. to confirm and adopt the act of another even th ... ligation. See also: agent principal
rational basis :: n. a test of constitutionality of a statute, askin ... imate and constitutional objective.
ready, willing and able :: adj. fully prepared to act, as in performing a con ... o act, as in performing a contract.
real estate :: n. land, improvements and buildings thereon, inclu ... the future. See also: real property
real estate investment trust :: n. nicknamed REIT, a real estate investment organi ... its upon sale-if there is a profit.
real party in interest :: n. the person or entity who will benefit from a la ... st is the beneficiary of the trust.
real property :: n. 1) all land, structures, firmly attached and in ... onal property real estate reversion
realty :: n. a short form of "real estate." See also: real e ... real estate." See also: real estate
reasonable :: adj., adv. in law, just, rational, appropriate, or ... ost of other actions or activities.
reasonable care :: n. the degree of caution and concern for the safet ... . See also: duty of care negligence
reasonable doubt :: n. not being sure of a criminal defendant's guilt ... also: preponderance of the evidence
reasonable reliance :: n. particularly in contracts, what a prudent perso ... the following:." See also: contract
reasonable speed :: n. the speed of an automobile determined to be low ... e speed limit. See also: negligence