What is a remainder?

Study for the Multistate Bar (MBE) OPE 2 Exam. Prepare with detailed explanations and multiple choice questions. Ready yourself for success!

Multiple Choice

What is a remainder?

Explanation:
A remainder is a future interest that becomes possessory on expiration of the preceding life estate. It is created in a transferee and follows a life estate, so possession occurs automatically when the life tenant’s estate ends naturally. For example, “to A for life, then to B” gives B a remainder because B will take possession when A dies. This differs from a reversion, which stays with the grantor after conveying a lesser estate, or from a nonpossessory right like an easement, which does not grant possession. The life estate itself is the present interest and ends with the life tenant; the remainder completes that transfer upon natural termination.

A remainder is a future interest that becomes possessory on expiration of the preceding life estate. It is created in a transferee and follows a life estate, so possession occurs automatically when the life tenant’s estate ends naturally. For example, “to A for life, then to B” gives B a remainder because B will take possession when A dies. This differs from a reversion, which stays with the grantor after conveying a lesser estate, or from a nonpossessory right like an easement, which does not grant possession. The life estate itself is the present interest and ends with the life tenant; the remainder completes that transfer upon natural termination.

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