Rule Against Perpetuities

Question 1

What is the method to solving a rap question?

Answer 1

1. When: identify when the interest are created
2. what: determine if the interest created are subject to rap
3. Who: identify the relevant and, if applicable, validating lives

Question 2

What interest does rap apply to?

Answer 2

1. Contingent remainder
2. Executory interest
3. Vested remainder subject to open

Question 3

What is the relevant life?

Answer 3

Person who affects vesting, usually mentioned or implied by the grant

Question 4

Who is the validating life?

Answer 4

Person who tells us whether or not the interest vest within the perpetuities period (21 years) will

Question 5

What happens when there’s a violation of the RAP?

Answer 5

We strike out the violating interest, as if the interest was never created in the first place.

Question 6

How does the rule of convenience apply to rap?

Answer 6

For the purposes of avoiding RAP, The class closes as soon as a member of the class is entitled to immediate possession.

Question 7

What is the all or nothing rule?

Answer 7

If the gift to any member of the class is void under RAP, then the gift is void as to all members of the class.

Question 8

What are the exceptions to RAP?

Answer 8

Doesn’t apply to:

• charity to another charity
• an option held by a current tenant to purchase a fee interest in the leasehold property