LIMITATION

limitation. 1. The act of limiting; the state of being limited. 2. A restriction. 3. A statutory period after which a lawsuit or prosecution cannot be brought in court. — Also termed limitations period; limitation period; limitation of action. See STATUTE OF LIMITATIONS. Cf. LACHES. [Cases: Criminal Law  145.5–160; Limitation of Actions  1.C.J.S. Criminal Law §§ 196–207; Limitations of Actions§§ 2–4.] 4.Property. The restriction of the extent of an estate; the creation by deed or devise of a lesser estate out of a fee simple. See WORDS OF LIMITATION. [Cases: Deeds  124–134; Wills  616. C.J.S. Deeds §§ 245–252, 263–266, 270, 273–276; Wills §§ 1287–1293.]

collateral limitation.Hist. A limitation that makes the duration of an estate dependent on another event (other than the life of the grantee), such as an estate to A until B turns 21.

conditional limitation. 1. See executory limitation. 2. A lease provision that automatically terminates the lease if a specified event occurs, such as if the lessee defaults. [Cases: Landlord and Tenant  103(1). C.J.S. Landlord and Tenant §§ 109, 112, 115.]

executory limitation.A restriction that causes an estate to automatically end and revest in a third party upon the happening of a specified event. • This type of limitation, which was not recognized at common law, can be created only as a shifting use or an executory devise. It is a condition subsequent in favor of someone other than the transferor. — Also termed conditional limitation. See fee simple subject to an executory limitation under FEE SIMPLE.

“When a condition subsequent is created in favor of someone other than the transferor, the Restatement of Property calls the condition subsequent an executory limitation.It calls A’s estate an estate in fee simple subject to an executory limitation.” Thomas F. Bergin & Paul G. Haskell, Preface to Estates in Land and Future Interests 52 (2d ed. 1984).

limitation over.An additional estate created or contemplated in a conveyance, to be enjoyed after the first estate expires or is exhausted. • An example of language giving rise to a limitation over is “to A for life, remainder to B.” [Cases: Deeds  124–134. C.J.S. Deeds §§ 245–252, 263–266, 270, 273–276.]

special limitation.A restriction that causes an estate to end automatically and revert to the grantor upon the happening of a specified event. See fee simple determinable under FEE SIMPLE. [Cases: Deeds  125, 126, 130. C.J.S. Deeds §§ 246, 249.]

“[I]f a deed or will uses such words as ‘for so long as,’ ‘while,’ ‘during,’ or ‘until’ to introduce the circumstances under which an estate may end prior to its running its maximum course, it is generally assumed that a special limitation was intended.” Thomas F. Bergin & Paul G. Haskell, Preface to Estates in Land and Future Interests 50 (2d ed. 1984).

supplanting limitation.A limitation involving a secondary gift that is expressed in a clause following the original gift and that is typically introduced by the words “but if,” “and if,” or “in case.”
[Blacks Law 8th]