Conditional limitation

Conditional limitation

Conditional Limitation, in law, a phrase used in two senses.

(1) The qualification annexed to the grant of an estate or interest in land, providing for the determination of that grant or interest upon a particular contingency happening. An estate with such a limitation can endure only until the particular contingency happens; it is a present interest, to be divested on a future contingency. The grant of an estate to a man so long as he is parson of Dale, or while he continues unmarried, are instances of conditional limitations of estates for life.

(2) A use or interest in land limited to take effect upon a given contingency. For instance, a grant to X. and his heirs to the use of A., provided that when C. returns from Rome the land shall go to the use of B. in fee simple. B. is said to take under a conditional limitation, operating by executory devise or springing or shifting use.

In American law, this creates a fee simple on condition subsequent.  This article incorporates text from a publication now in the public domain: Chisholm, Hugh, ed (1911). Encyclopædia Britannica (11th ed.). Cambridge University Press. 



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  • conditional limitation — An executory interest in real estate, created by conveyance, which divests and succeeds a preceding interest upon the happening of a particular contingency or stated event; an executory interest in real estate characterized by a condition and a… …   Ballentine's law dictionary

  • estate subject to a conditional limitation — The distinction between an estate upon condition subsequent and an estate subject to a conditional limitation is that in former words creating condition do not originally limit term, but merely permit its termination upon happening of contingency …   Black's law dictionary

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  • limitation — lim·i·ta·tion n 1 a: restriction a limitation on the rights of ownership b: a statement or stipulation in a deed or will placing limits on the disposition of an estate or interest esp. in regard to duration or heirs see also word …   Law dictionary

  • conditional — I adjective alterable, changeable, conditioned, containing stipulations, contingent on, dependent on, depending on, depending on a future event, determined by, equivocal, granted on certain terms, hypothetical, imposing a condition, indefinite,… …   Law dictionary

  • estate on conditional limitation — An estate conveyed to one person so that, upon occurrence or failure of occurrence of some contingent event, whether conditional or limitative, the estate shall depart from original grantee and pass to another. Carpender v. City of New Brunswick …   Black's law dictionary

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  • conditional — That which is dependent upon or granted subject to a condition. As to conditional acceptance conditional appearance conditional bequest conditional contract conditional delivery conditional devise conditional fee …   Black's law dictionary

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