"in perpetuity" means "forever"

Like my esteemed colleagues have already stated, property law generally does NOT want to allow dead people to exert control over land for years and years and years. (also called "dead hand control"). Societal and economic changes can make such restrictions REALLY burdensome on the current property owners.

Here's an example...

Let's say the year is 1901 and Mr. X owns some land and a house on that land. He writes his will, leaving the land to his son, X Jr. "and his heirs" (a way of leaving property to X Jr. and his heir, then to X Jr.'s heir's heir, so on down the line). But then he continues, writing that the land must be used for residential purposes only, and only single family residences. If this condition is not met, then the land is to go to Y and his heirs.

Fast forward to 2001...

In the century that passed, the land surrounding the X estate has gone from large rural tracts of land to smaller farms to even denser habitation. The area has experienced some major industrialization and growth. Now in 2001, X's land is in a huge metropolitan city. The will says that the land can only be used for single family homes, but all the surrounding land has skyscrapers on it.

Clearly the land would be much more valuable if it could be developed to match the area. Assuming the X family has kept the land all this time, they are really tied down by the will. Also, it will be nearly impossible to sell the land with the current restrictions. The city also suffers a detriment in that it cannot benefit from the best use of this piece of land.

There are more problems - let's say that the X's just give up on owning the land and decide to violate the restriction on the use of the land. So now, according to the will, the land is supposed to go to "Y and his heirs." Chances are, 100 years later, Y is long dead and getting chewed up by worms. Y's children are dead. Any heirs that are alive have likely moved, married, have different names, etc. It could be enormously expensive and difficult to track them down, if possible at all.

The "Rule Against Perpetuities" strives to avoid these problems by limiting the length of time that "dead hand control" can operate. It's EXTREMELY COMPLICATED and generally sucks to analyze, but you use a basic measurement of time to see if the restriction can operate in a way that a third party, like Y, can get the land. This basic measurement is "a life in being plus 21 years."

So what the HECK is a life in being? It's someone who is alive at the time of the grant/gift/transfer (in this case, the writing of the will) - a human measuring stick. Basically, you take one of the parties involved and when they die, wait 21 more years. If it's possible that Y might not get the land before that time is up, then Y can NEVER EVER EVER get the land. His "interest" in the land is TOAST.

Example: X Jr. dies in 1925 (of course in a freak accident involving a runaway horse, a barrel of gunpowder, a grand piano, and a sudden tornado). So you add 21 years - now we're at 1936. And guess what, the X kin are still happily living on the land, in a lovely single family home. Y is SH** OUT OF LUCK. No land for Y!

Here's the fun part - you don't have to ACTUALLY wait and see if everyone behaves themselves for that "life in being's" entire life and then for 21 more years. You get to make up your own story. You can pick ANYONE alive at the time of the grant and kill them off in all kinds of fun ways, add 21 years, and then see if it's HYPOTHETICALLY POSSIBLE that the condition might not happen.

Basically, the Rule Against Perpetuities functions to prevent any conditions (that if violated, send the land to certain third parties)that say the land must ALWAYS be used some way or NEVER be used some way. i.e. "so long as liquor is never consumed on the land", "to be occupied only by members of the Such-and-Such Church", "to be used for residential purposes only", etc.

It's just perfect for those late-at-night-I've-had-way- too-much-coffee/alcohol/other semi-illicit stimulants-philosophical discussions. See my "unborn widow" post above.

Sounds complicated, right? I gave you the Cliff Notes version. The real thing and all its little details are so insane, that if you mess it up when you're an attorney, you are NOT liable for malpractice. Normally if you screw up a legal analysis, you're totally liable. But the courts recognize that this stuff is just too crazy.

Small consolation for those of us that will be tested on it! ARRRGGHHH!!! :p

I tried to think of an easy example of this rule to post for everyone...and I thought I did it, but I just ended up confusing myself.

LOL! Do all you people STILL want to go to law school? :D

1 Month and 1 week until i get my end-of-year bonus
1 Month until the new year
26 days until i get presents
26 days until i have to give presents
14 days until i get paid again
7 days until my friend comes from atlanta
8 days until i go to NJ for my friends engagement party
6.15 hours until it is officially the weekend
2 hours until lunch
15 Minutes until my boss gets out of his meeting and i have to get off greekchat and do some work

Couldn't resist bringing this up!
 

Two finals and one editorial till I graduate from college.
Six days till my graduation ceremony and my friends bachelorette party.
One to two days till I find out about a possible job in Chicago or decide to accept a job in Southern Illinois, with a chance of going to grad school ( Uof I or Ariz. State U)
? days till I might hear from a cute boy I met last night.;)
5 days till Karaoke at Mugseys - We went and karaoked last night at a local townie bar, which was so much less stressful than crooning infront of college kids you know. In case anyone cares - we sang I do love you from Coyote Ugly, I wanna be bad by Willa Ford and why do they call it falling by Leanne Womack.

And ...
10 more minutes of procrastination before I study.

Re: Couldn't resist bringing this up!
 

I heard from him today and have a date on Thursday with a guy I think is cute. Go me!

thought I'd start this one back up again
 

28 minutes till work ends
45 minutes till I get to my gym
2 hours till I get a smoothie after my workout
200 ab crunches to do tonight
2 nights away from going out in downtown Chicago for my second time
5 days away from Florida sun

11 days away from the south side St. Paddy's day parade in Chicago

14 or so days away from spring

:D

Heh, this is a cool thread, I'll go at it again too...

14 days till copyright externship registration
2 weeks till Skadden Arps interviews
120 pages of Civ Pro reading for the weekend
(Subject matter jurisdiction and venue blow)
10 pages of appellate brief still to go...
1 month to moot court competition
1 day till I hit the bars for my buds b'day, and after all the above mentioned shit, i'm having a drink.

Are all you kids still pondering law school?

Re: thought I'd start this one back up again
 

OMG!!!!!! I'm a southside irish girl - i have been going to this parade since i was in my mothers womb!!!!!!! my friends and i live for this day - and trust me, you have not experienced St. Paddy's day until you've come to the southside of chicago :D i will be there with some green beer in one hand some soda bread in the other and belting out the southside irish song:

We're Windy City Irish - Where the craic is always best. Where everyday is Paddy's Day and everyones a guest. If your Irish on the North Side or Irish on the West, Welcome to the South Side, come join the Irish Fest!

Chorus) We're the South Side Irish as our fathers were before, we come from the Windy City and we're Irish to the core. From Bridgeport to Beverly, from Midway to South Shore, We're the South Side Irish - Lets sing it out once more!


Our Parents came from Mayo, from Cork and Donegal. We come from Sabina, St. Kilians and St. Gall, St. Leo, Visitation, Little Flower and the rest... South Side Parishes are mighty - they're the best!

We live on the South Side-Mayor Daley lived here too. The Greatest Irish Leader that Chicago ever knew and he was always proud of his South Side Irish roots! So here's to His Honor to his memory we'll be true.

We sing the songs our fathers sang when they were growing up. Rebel songs of Erin's Isle in the South Side Irish Pubs. And when it comes to baseball-we have two favorite clubs The Go-Go White Sox... and WHOEVER plays the Cubs!


sorry, i'm obsessed, lol :D

-2 hours till I should have gone to bed
1 day till the second 21 run of the week
2 days till I go home and get all my stuff back from my ex the ass
10 days till I can get away for spring break
1 1/2 months till my parents come visit me at school
2 1/2 months till summer school
3 more years till I'm done with school (I hope i hope i hope!)
and 0 more years being unhappy.

3 hrs until my shift at work ends

2.5 hours till class
5.5 hours till my paycheck
6.5 hours till ART HISTORY test :mad:
7.5 hours till follow up MATH test:mad:
9 hours till last class of the day :D
12 hours till dinner
13 hours till playing soccer with a friend!!!!!!!!!:D :D :D

3 hours until lunch
32 hours until the weekend
33 hours until happy hour :cool:
6 days until my friend's birthday
10 days until the St. Patrick's Day Parade
10 days until Delta Phi Epsilon celebrates 85 years of sisterhood!

2 hours until lunch with dad
7.5 hours until I can leave
10.5 hours unti I leave for FLORIDA!!!!!!!!!!!!!!!

I'll post again to
 

1.5 hours till I have get dressed for work
24 hours till payday
72 hours till Selection Sunday
72 hours till I start my new shift
2 months to the day till I get to see Dave Matthews in concert:D

177 days until the first home Football game
172 days until Fall Semester begins
154 days until the start of Beta's annual convention (being held in my home city of Kansas City)
98 days until my first full week of work
76 days until I leave for training for that job
64 days until my last final (on the friday of Finals week no less)
54 days until I turn 19
49 days until I see Incubus in Concert...and a chemistry test immediatly preceding the concert
48 days until the Arts and Sciences College Appreciation Day that I'm partly responsible for setting up
10 days until Spring Break starts and I get to go home...after a Biology test
2 days until one of our biggest parties of the year, not to mention a rush event and an initiation ceremony
6 hours until a chemistry test that seriously could make or break my ability to get into med school (I'm not the only one in this predicament sadly)
2 hours until when I should call this girl that I really like, but I'm so nervous to do sohttp://www.plaudersmilies.de/sad/nixweiss.gif

Re: Re: thought I'd start this one back up again
 

I totally agree with you on this one. Although Hyde Park isn't the greatest the south side has to offer, it's fun to get out and see the parade. Haha I think I'm going to see if all my friends from the million catholic schools around here know these songs too :)

-Rudey
--Green Beer mmm mmm

still counting ...
 

7 days till I go to Nashville to visit a sister (Alpha Chi sister)

5 days till payday and Graham Colton playing at Joe's

8 more days till Wildcat basketball, the Cats play "Athletes in Action," although I don't think they are a real team,

14 days till it will be my 10-month mark in Chicago

20 more days till my friend and sister's bachelorette party - W Hotel, pool, dinner, Whiskey Sky, cosmos, bars ... and typical bachelorette stuff

And the Holiday season is coming soon ... more to come

Re: Re: Re: thought I'd start this one back up again
 

Speaking of the south side, went out to McDuffys tonight after work!!

3 days 'til my interview

(all i can remember rihgit now)

Most importantly...
 

FIVE DAYS UNTIL EMINEM'S MOVIE COMES OUT!!! :D

Oh wait, one more

212 days 'til I am back at St. Mary's University with all of my wonderful sisters@!!!!!

28 days until my best friend's due date.. TWINS!
31 days until our pledges become sisters :eek:
25 days till thanksgiving!

12 days until i'm 21 :cool:

24 days until i go home
20 days until my birthday
10 days until i move into my apartment
4 minutes until i can go home

17 class days left
23 days until classes are over
40 days until Finals are over

??? days until we officiall get engaged!!!! (We went ring shopping over the weekend - its a start!)

365 days til I'm 21.
18 days til I go home? Something like that.
4 days til I get to see my sister in Atlanta.

4 more weeks of classes...

3 more months and 2 days till I'm 21...

18 more days till semi-formal...

23 more days till Thanksgiving.. YUM!!...

10 days till my marketing project is due... EEK!

2 hours 'til I go out with my "friend" :)

4 days 'til New Year's Eve

5 day's 'til 2003

2 months 'til Mardi Gras in New Orleans

6 months 'til I am back in San Antonio

10 1/2 months 'til we hit Vegas again

41 days and I'm finally 21!!!!

7 months until my birthday
4 days until 2003 begins!!
3 days until New Year's Eve (PARTY TIME:D )
2 days until I see my boyfriend
1 day until I have 5 whole days off work
4 hours until I get off work today
30 minutes before I attempt to take a nap while at work!!!!;)

4 days until 2003
6 days until armyguy comes home
8 days until i go back to school
9 days until Winter quarter starts
3 months until spring break
7 months until my 20th birthday

1 month until my 21st birthday.
9 days until my boyfriend comes home from France.

17 hours until I see my boyfriend
2 days until New Year's Eve
12 days until my birthday!!!!!:D

My countdown has been going on since August and it's finally 18 days till my 21st birthday! :)

1 and half years till I finish my masters and start making money again
5 months till my 25th birthday
7 months till my boyfriend and I celebrate 5 years together
7 days till I return to school for Spring term
2 and a half months till Reading Week
4 and a half months till this school year is over

25 hours until 2003! :D :cool: :)

I got a little under 14 hours now.

2 hours till I get out of here.
4 hours till the hotel's "manager's reception" starts.
7 hours till the open bar starts.
11 hours till 2003.
13 hours till I have to find a cab back to the hotel.
4 days till my friend's in town.
5 days till the Browns (hopefully) beat the Steelers into submission. :p
12 or so days till the boy I sort of kind of might like a little bit who apparently also might sort of kind of might like me a little bit comes back from break. :D

6 days till I celebrate one year of employement at my current company

4 hours and 53 minutes till 2003:D :p