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The Rule Against Perpetuities, in contrast, prohibits interests that do not vest soon enough. However, a fixed-price purchase option that could be exercised years and years from the time it was created is a textbook example of an interest that lasts too long.
THE TAKEAWAY A right of first refusal is an agreement between a property owner and a second party who wants to have the first chance to purchase the property when it comes on the mar- ket. The agreement is triggered when the owner receives a third-party offer to buy the property.
Rule against perpetuity and its exceptions: A sine qua non of Property transfer. It is basic rule ofTransfer of Propertythat one must enjoy the property absolutely during his lifetime. One cannot be deprivedof his right of enjoyment in respect of the property as he like in his lifetime.
1) Vested interest is not affected by the rule because once the interest are vested it cannot be bad for remoteness. 2) The rule is not applicable to land purchased or held by Corporation. 3) Gift to charities, the rule does not apply to transfer for the benefit of public for religious, pious, or charitable purposes.
The Rule Against Perpetuities, which has been part of the common law since the Duke of Norfolk's Case in 1684, voids interests in property unless they must vest, if at all, within 21 years plus the period of gestation after the expiration of an identified life in being.
Section 14 of the 'The Transfer of Property Act, 1882' (TPA) is rightly called 'Rule against perpetuity' as it limits the maximum time period beyond which property cannot be transferred.
The common law rule against perpetuities doctrine voids any interest not tied to a measuring life and which otherwise extends beyond 21 years. The leases in both cases had terms (by virtue of the initial stated term plus available extension options) which extended beyond 21 years.
The rule against perpetuities (also known as the rule against remoteness of vesting) requires that future trust interests (that is, interests that do not take effect immediately) must be certain to vest within a defined period of time known as the perpetuity period.