CHAPTER 5

FUTURE INTERESTS

I. INTRODUCTION

A. Future estates:  The estates discussed in the previous chapter are ones which are possessory, or present. The common law also recognizes, however, a number of estates that are non-possessory. Since these estates may or will become possessory in the future, they are commonly referred to as future estates.

1. Estate exists in present even though not now possessory:  These future estates, even though they are not possessory, nonetheless exist in the present. For instance, suppose A conveys Blackacre “to B for life, remainder in fee simple to C and his heirs”. At the time of conveyance, C has a remainder in fee simple; it is only the aspect of possession that is future.

B.  Five estates:  There are five kinds of future estates, each of which will be discussed in this chapter:

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