Reversion
Dictionary of Terms and Phrases Used in American or English Jurisprudence · Benjamin Vaughan Abbott · 1879
Dictionary of Terms and Phrases Used in American or English Jurisprudence
In its original meaning, is the coming back or returning of a subject of property (usually lands) to one who formerly granted an estate in it which has terminated. In another aspect, it is the residue of the fee remaining in the grantor of a particular estate. When the genei-al owner of lands grants or devises any estate less than the fee, he or his heirs wiU be entitled to enjoy the property again on the close of the particular estate. This right — which, if one regards the land, is a coming back of the subject to the former owner; or, if one regards the title, is what was always left in the owner while the grant or devise was operative — is the reversion. Various definitions have been given, some presenting one aspect, others the other. The residue of the estate left in the grantor, to commence in possession after the determination of some particular estate granted out bj' him. 2 Bl. Com. 175 Where an estate is derived, by grant or otherwise, out of a larger one, leaving in the original owner an ulterior estate immediately expectant on that which is so derived, the ulterior interest is called the reversion.
1 Steph. Com. 290.
When a person has an interest in lands, and grants a portion of that interest, or, in other terms, a less estate than he has in himself, the possession of those lands shall, on the determination of the granted interest or estate, return or revert to the grantor. This interest is what is called the grantor's reversion, or, more properly, his right of reverter, which, however, is deemed an actual estate in the land.
Watk. Conv. 16.
Reversion hath two significations: the one is an estate left, which continues during a particular estate in being; and the other is the returning of the land after the particular estate is ended. Jacob. That portion left of an estate after a grant of a particular portion of it, short of the whole estate, has been made by the owner to another person.
Wharton.
The idea of a reversion is founded on the principle that, where a person has not parted with his whole estate or interest in a piece of land, all that which he has not him, upon the determination of the preceding estate. Thus, if a person who is seised in fee of lands conveys them to A for life, he still retains the fee-simple of the lands, because he has not parted with it; but, as that fee-simple can only return or fall into possession upon the determination or ending of the preceding estate {i.e. of A's estate for life), it is only a fee-simple estate in reversion. So that, perhaps, a reversion may be shortly defined as " the residue of an estate left in the grantor." Brown. A return of an estate to the original or general owner, after a limited or less estate carved out of it has determined.
See i Kent Com. 354.
The residue of an estate left in the grantor, or his heirs, or in the heirs of a testator, commencing in possession on the determination of a particular estate granted or devised.
1 N. Y. Rev. Stat. 723, § 12.
A reversion is the residue of an estate left in the grantor, to commence in possession after the determination of some particular estate; while a remainder is an estate limited to take effect and be enjoyed after another estate is determined.
Todd... Jackson, 26 A^. J. L. 525.
The expression reversion and remainder, in a grant of land for a public highway, leaves nothing in the grantor he can afterward convey; his reversionary right vests in his grantee.
Vaughn v. Stuzaker, 16 Ind. 338.
In Scotch law, a reversion is a right of redeeming landed property which has been eithei* mortgaged or adjudicated to secure the payment of a debt. In the former case, the reversion is called conventional; in the latter case, it is called legal; and the period of seven years allowed for redemption is called the legal. Bell; Paterson. Reversionary interest The right, title, or interest which a person has in or to the reversion of lands or other property. A right to the future enjoyment of property at present in the possession or occupation of another is also frequently so called.
Reversioner.
Strictly, a person entitled to an estate in reversion; but the word is used generally to signify any person entitled to any future estate in real or personal property, as in speaking of dealings with expectant heirs, reversioners, &c.