possibility of reverter

Definition of possibility of reverter

Noun

possibility of reverter (plural possibilities of reverter)

1. (law) Where a grantor of an estate in land has created a fee simple subject to condition subsequent (a condition on the grant which would give the grantor the right to reclaim ownership of the property), the grantor's remaining interest in the property.

Related terms

• defeasible fee
• right of entry

Further reading

There is a possibility of reverter when an estate will return to the grantor if a condition is violated. The possibility of reverter can only follow a Fee Simple Determinable

• Example: "O grants Blackacre to A, as long as A refrains from drinking alcohol."
• Analysis: If A never drinks after the grant (and never sells the property), then Blackacre will belong to A at A's death, and be distributed according to the rules of probate. If A does drink after the grant, then the property returns to O.
• Language used: Durational. Examples include "for as long as", "while", and "during".
• Alienation: A's interest is freely transferable.

This type of future interest can only follow the fee simple determinable. The vesting of the future interest is determinable at the time of the grant, because reverter is automatic if the condition is broken.