Rules against selling/repurchasing to avoid the application of a condition subsequent?

November 19, 2010 12:03 PM

In dealing with wills and estates, what is to stop the recipient of a testamentary devise (or an inter vivos grant for that matter) of a fee simple with a condition subsequent attached to avoid the application of the condition by selling and then repurchasing the property in question?
posted by modernnomad to Law & Government (3 answers total)

Best answer: Not my area of expertise, but if I remember my basic future interests correctly, assuming the CS is valid (i.e., doesn't run afoul of the Rule Against Perpetuities), the right of reentry in the orginal grantor wouldn't be conveyed by the recipient, so even if the recipient sells and repurchases, the future interest has remained in G.
posted by Dr. Zira at 12:11 PM on November 19, 2010

Best answer: You can't sell more than you own. If the recipient sells the property then the third party would take it subject to the same condition subsequent. If the recipient repurchases the property, the condition comes back with it.
posted by jedicus at 12:25 PM on November 19, 2010 [1 favorite]

Response by poster: Thanks -- my mind was drawing a blank on it for some reason.
posted by modernnomad at 12:32 PM on November 19, 2010