Remainder

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In property law, a remainder is a future interest that must follow a present interest.

In American property law, a remainder must meet the following 3 requirements to be valid:

  1. a remainder must commence simultaneously with the corresponding present interest,
  2. a remainder doesn't vest (become possessory) until the present interest expires naturally, and
  3. a valid remainder vests the very instant that the corresponding present interest expires.

A present interest that ripens prematurely can ripen into possession of a person with an executory interest. Executory interest and remainder are mutually exclusive.


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