Constitutional Law - Future Interests - Nebraska Decision Upholding Reverter Act Marks New Policy Regarding Protection of Contract Rights - Hiddleston v. Nebraska Jewish Educational Society, 186 Neb. 786, 186 N.W.2d 904 (1971)
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Authors
Hoefer, J. Anthony
Issue Date
1972
Volume
5
Issue
Type
Journal Article
Language
Keywords
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Abstract
INTRODUCTION|The marketability of land titles has long been a commendable goal of state legislation. As a consequence, future interests which result in indirect restraints on alienation of real estate present themselves as ready targets for the use of the legislative police power. Rights of entry and possibilities of reverter are among the interests which have frequently received the attention of state legislatures. These restrictions have caused particular concern, for they create problems which are not present when one is dealing with other interests in land. Their unique capacity to "clog" land titles grows out of the fact that, while they are created to exist forever, their character is such that the holder of the interest can easily be neglected and, with the passage of time, be forgotten or unable to be found. The typical situation arises when there has been a conveyance of land and a retention by the grantor of the right to reclaim, his interest, or to have his interest automatically revert in himself or his heirs, on the happening of a certain event, usually the breach of a condition which has been stated in the deed. As the years pass the property is subsequently conveyed several times. Meanwhile, the original grantor dies and the interest he retained passes to his heirs or devisees, who may or may not be aware of its existence...
Description
Citation
5 Creighton L. Rev. 140 (1971-1972)
Publisher
Creighton University School of Law