Real Property--1959 Tennessee Survey

Roady, Jr., Thomas G.

Journal: Vanderbilt Law Review

Volume: 12

First Page: 1318

Year: 1959

Bluebook Citation: 12 VAND. L. REV. 1318 (1959)

Author: Jr Thomas G. Roady: all 7 publications


Abstract

Future Interests.-The creation of divided interests in real property always carries with it problems in controlling the use and man- agement by the owner of the possessory interest. One of the most difficult problems in future interests is how to adjust the relation between the holder of a present possessory interest and the holder of a future interest in the same parcel of land. In resolving such problems many courts are influenced primarily by the nature (classification) of the future interest involved and have worked out with some degree of certainty the distribution of benefits and burdens in the simple case "to B for life, remainder to C and his heirs" or the life estate, indefeasibly vested remainder situation. It becomes increasingly difficult and often impossible, however, to predict results where the division of ownership is more complex.

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