4 ms·
My understanding of the Rule against perpetuities is that it only applies to inheritance, not general real estate transactions, so covenants can't violate the r
by jcranmer 3y ago
My understanding of the Rule against perpetuities is that it only applies to inheritance, not general real estate transactions, so covenants can't violate the rule.
(Of course, rule against perpetuities is so difficult to apply correctly that some courts have ruled it's not legal malpractice for a lawyer to screw it up.)
- lazide 3y agoNope, applies generally to deeds too. [https://en.m.wikipedia.org/wiki/Rule_against_perpetuities https://en.m.wikipedia.org/wiki/Rule_against_perpetuities]
- jcranmer 3y agoThe rule as I've generally seen stated specifically bans interests from vesting, so even if it does apply to deeds, it wouldn't cover the kind of covenant here I think.
- lazide 3y agoit’s far more than that - read the wiki. avoiding the ‘rule of dead hands’ is a major consideration. such as imposition of unchangeable rules long after death.