How to Analyze the Rule Against Perpetuities on Real Property Questions [PART 3/3]

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00:00 Introduction to the Rule Against Perpetuities
An overview of why the rule exists, its complexity, and the goal of making it less intimidating for common exam scenarios.

02:36 Purpose and Balancing Interests
Explains the two competing principles—preventing indefinite uncertainty in property interests and preserving freedom of alienation.

05:04 The Common Law Rule and Time Window
Defines the rule against perpetuities as limiting contingent future interests to "one life in being plus 21 years."

06:37 Core Issue and Timing Focus
Clarifies that the validity of a future interest is judged at the moment the transfer instrument takes legal effect.

08:54 Step 1 – Identify Interests Subject to the Rule
Lists the three main future interests subject to the rule, plus two rare exceptions.

11:08 Step 2 – Determine When the Perpetuity Window Begins
Explains how the start date varies for deeds, wills, and trusts.

16:02 Step 3 – Identify Vesting Requirements
Outlines how to determine what must happen for an interest to vest or forever fail to vest.

19:15 Step 4 – Identify Relevant Lives in Being
Defines relevant, measuring, and validating lives, and their role in the analysis.

22:18 Step 5 – Test for a Validating Life
Describes using only facts at the time of transfer to see if any relevant life validates the interest.

23:14 Example 1 – Alcohol on Greenacre
Walks through a shifting executory interest scenario and shows why it violates the rule.

35:01 Fixing Example 1 with Narrower Language
Demonstrates how limiting the condition to Amy’s lifetime avoids a perpetuities violation.

39:31 Example 2 – First Child to Reach Age 30
Shows why an age requirement over 21 creates a violation and how lowering it to 18 solves the problem.

48:36 Introduction to Class Gifts
Explains the all-or-nothing rule and how class closure works, including the rule of convenience.

54:38 Example 3 – To Bobby’s Children
Illustrates how the rule of convenience can save a vested remainder subject to open from violation.

63:39 Example 4 – Class Gift with Condition Precedent
Demonstrates how a graduation requirement causes a violation under the all-or-nothing rule.

74:38 Modern Approach to the Rule
Covers the simplified “wait-and-see” and 90-year approaches, plus courts’ ability to modify language to reflect intent.

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