Мүлік құқығында қалдық мүдделер

In property law, a future interest created in a transferee

In property law of the United Kingdom and the United States and other common law countries, a remainder is a future interest given to a person (who is referred to as the transferee or remainderman) that is capable of becoming possessory upon the natural end of a prior estate created by the same instrument. Thus, the prior estate must be one that is capable of ending naturally, for example upon the expiration of a term of years or the death of a life tenant. A future interest following a fee simple absolute cannot be a remainder because of the preceding infinite duration. For example:
A person, , conveys (gives) a piece of real property called "Blackacre" "to for life, and then to and her heirs". receives a life estate in Blackacre. holds a remainder, which can become possessory when the prior estate naturally terminates ('s death). However, cannot claim the property during 's lifetime. There are two types of remainders in property law: vested and contingent. A vested remainder is held by a specific person without any conditions ("conditions precedent"); a contingent remainder is one for which the holder has not been identified, or for which a condition precedent must be satisfied.

The contingent remainder is one that is surrounded in uncertainty. A remainder is contingent if one or more of the following is true: (1) it is conveyed to an unascertained or unborn person, (2) it is made contingent on anything but the natural termination of the preceding estate. For example, if we assume that is alive, and conveys "to for life, then to the heirs of   ", then the remainder is contingent because the heirs of cannot be ascertained until dies. No person, while living, can actually have heirs – only "heirs apparent" or "heirs presumptive". We might also assume that is unmarried, and conveys "to for life, and then to if marries." 's interest is a contingent remainder because 's interest depends on 's getting married. In recent years, courts in the United States have merged contingent remainders with executory interests into one category.

The key difference between a reversion and a remainder is that a reversion is held by the grantor of the original conveyance, whereas "remainder" is used to refer to an interest that would be a reversion, but is instead transferred to someone other than the grantor. Similarly to reversions, remainders are usually created in conjunction with a life estate, life estate pur autre vie, or fee tail estate (or a future interest that will eventually become one of these estates). Language note Although the term reversion is sometimes used to refer to the interest retained by a landlord when he grants possession to a tenant, not all real estate professionals can agree on the correctness of this use of the term. Few people would refer to such a transferred interest as a remainder, so this type of "remainder" tends not to be a problem when discussing property rights.