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Exploring Legal Constraints in Outdoor Equipment Ownership: The Surprising Relevance of the Common Law Rule Against Perpetuities

There are jurisdictions and areas of the country where one can own and purchase outdoor tools of all shapes and sizes, including tools like chippers, log splitters, lawnmowers, blowers, and more. Where you go for such implements may depend in some part on your budget, but at the end of the day, you also want to make sure you are getting a quality tool that will last a long time and continue to be valuable. As such, it stands to reason that when purchasing any long-term, expensive durable good or implement, it pays to educate yourself. Among many formal and informal ways to educate oneself on any type of good, there are legal rules and principles that sometimes apply.

One such legal rule is the common law rule against perpetuities, which is a rule that prohibits any interests in property that would last longer than a period of time. More specifically, the rule states that a property interest must occur no later than a certain period of time after a specified “life in being,” such as the life of a person or the life of someone with a vested interest in the property. If the property interest does not occur before that point, it is void. Though the common law rule against perpetuities has such a long name, the concept is fairly simple – the goal is to prevent the indefinite tying up of property, which notoriously interferes with possible ownership and transfer of that property during that long period of time. The common law rule against perpetuities has a long history in the United States as well, dating back to England in the late 1600s.

So how might legal rules like this apply to any prospective owner of outdoor tools, whether a high-quality leaf blower or a high-capacity log splitter, for instance? Well, in addition to ensuring that the tools you buy are appropriate and durable for the purpose for which you need them, it is also important to be aware of any possible legal constraints on the transfer of property and how those constraints may limit the logic of property transfer and the ownership of that property in the first place.

For instance, as aforementioned, there are many places where property may be tied up and retained in estate trust or otherwise in a manner that prevents transfer of the item or interest itself. How this might take place is by way of a deed that specifically says a piece of property cannot or may not be transferred during some period of time. If a deed states for quality outdoor tools that they may not be sold for the next 50 years, that extremely protracted wait time would likely run afoul of the common law rule against perpetuities because such a long period of time would negate the ability for any current living beings to use, benefit from, transfer, own, sell, or convey the property in the interim. Thus, it would stand to reason that any deed folks may come across that limits the ownership or transfer of future interest or profit in a property for a period of time in excess of that allowed by the common law rule against perpetuities may be considered void or violative of the rule. The rule thus protects potential owners and purchasers of such property by eliminating any potential for restriction on full, unrestricted ownership and conveyance of that property.

One could thus surmise that with clear and understandable information about several levels of detail about any quality outdoor tools or other equipment, Claveberg can help ease any misgivings or fears of any possibly confusing and retarding legal restrictions that may attach to that equipment. But obviously, to maximize all the peace of mind possible, there may be nothing like the tangible comfort of additional clarity and specificity so that all possible questions about the equipment can be anticipated, answered, addressed, and thereby eliminated.

For more information on property law, you can visit Wikipedia’s page on Perpetuity.

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