Home >> Cyclopedia Of Knowledge >> Proclamation to Sheriff Scotland >> Reversion

Reversion

estate, fee, land, statute, possession and lands

REVERSION. " Reversion of land is a certain estate remaining in the lessor or donor, after the particular estate and possession conveyed to another by lease for life, for years, or gift in tail. And it is called a reversion in respect of the possession separated from it : so that he that bath the one, path not the other at the same time, for being in one body together, there cannot be said a rever sion, because by the uniting, the one of them is drowned in the other. And so the reversion of land is the land itself when it falleth." (Terme, de la Ley.) Thus if a man seised in fee simple con veys lands to A for life, or in tail, he re tains the reversion in fee simple. In all cases where the owner of land or the person who has an estate in land, grants part only of his estate, he has a rever sion; and as the grantee holds of him, there is tenure between them, and the grantor has a seignory by virtue of hav ing a reversion. When a man grants all his estate to another, or grants a particu lar estate to A, and various remainders over, remainder to F in fee, he has no reversion left, and therefore he has no seignory since the passing of the statute of Quia Emptores. The remainder-men also who precede the remainder-man in fee, do not hold of such remainder-man, but of the lord of the fee of whom the original owner held. The word rever sion is often used inaccurately, and it is sometimes necessary to recur to its strict legal signification.

'Before the passing of the statute De Donis, if a man seised in fee simple granted his lands to a man and the heirs of his body, he had no reversion, for the grantee was considered to have a con ditional fee. But since this statute, an estate to a man and the heirs of his body has always been considered to be a particular estate.

If a man grants a lease of lands in possession, at common law, he has no re version until the lessee enters by virtue of his lease, for the lessee has no estate until he enters ; but if the term of years is created under the Statute of Uses, as by bargain and sale, the lessee has a vested estate by virtue of the statute, without entering on the land, and conse quently the lessor has a reversion. It is

said that a reversion cannot be created by deed or other assurance, hut arises from construction of law. This means that a reversion is not created by the act of the party who conveys part of his estate, but is a legal consequence of his acts. If a man seised in fee simple limits his estate to another for life or in tail, remainder to himself in fee or to his owu right heirs, he has not a remainder, but a reversion. Yet by a recent statute (3 and 4 Wm. IV. c. 106) the effect of such a limitation is to vest such re mainder in fee in the senior by purchase, and he is not to be considered to be en titled to it as his former estate or part thereof.

A reversion is a vested estate, which may be granted or conveyed, and charged like an estate in possession ; and in some cases the reversioner in fee may bring an action, as well as the tenant in possession, for an injury to his inherit ance.

Fealty is an inseparable incident to a reversion. There may or may not be a rent reserved, but fealty is always due from the owner of the particular estate to the reversioner, and it cannot be sepa rated from the reversion, though the rent, if there is one reserved, may be separated from in Reversions which are expectant on estates for years are subject to dower and courtesy ; but this is not the case with reversions expectant on a freehold estate.

By a recent Act (3 and 4 Wm. I V. c. 104), reversionary estates or interests in lands, tenements, and hereditaments, cor poreal and incorporeal, are assets to be administered in courts of equity for the ayment of a person's debts both on contract and on speciality, when such person shall not by his last will have charged such estates or interests with or devised them subject to the pay ment of his debts.