Hamm v. Hazelwood

Summary

The Supreme Court of Virginia held that a deed provision creating a possibility of reverter upon a specifically named individual acquiring an interest in the property was not an unreasonable restraint on alienation. The court reversed the circuit court’s ruling that the provision was void and remanded for entry of a consistent final order.

Holdings

1. A provision in a deed of gift that the property shall automatically revert to the grantor if a specifically named person ever acquires an interest therein is a valid possibility of reverter and not an impermissible restraint on alienation when it is reasonably limited in duration (to the life of that person) and scope (as to that single person).

Questions Presented

1. Whether a provision in a deed of gift creating a possibility of reverter that triggers if a specific person ever acquires an interest in the property is an impermissible restraint on alienation under Virginia law.
2. Whether the provision was a valid possibility of reverter or an overreaching restraint on alienation.

Disposition

reversed_and_remanded