This section is from the book "The Law Of Real Property and Other Interests In Land", by Herbert Thorn Dike Tiffany. Also available from Amazon: A Treatise on the Modern Law of Real Property and Other Interests in Land .
An estate in reversion is, like any other estate, subject to alienation by the owner thereof, and this regardless of the character of the particular estate.15 And not only may the owner of a reversion transfer his whole estate, subject to the particular estate, but he may create another lesser estate, subject, however, to the particular estate pre11. Co. Litt. 22b; Bingham's Case, 2 Ca. 91a; 1 Preston, Estates, 454, 455; Fearne, Cont. Rem. 50 et seq. Miller v. Fleming, 18 Dist. Col. 193; King v. Dunham, 31 Ga. 743; Alexander v. de Kermel 81 Ky. 345; Coomes v. Frey 141 Ky. 740, 133 S. W. 758; Loring v. Eliot, 16 Gray (Mass.) 568; Thompson v. Batts, 168 N. C. 333, 84 S. E.
347; Robinsan v. Blankenship, 116 Tenn. 394, 92 S. W. 854.
12. Blackst. Comm. 176; Chal-lis, Real Prop. (3rd Ed) 239.
13. Post Sec. 494.
14. 3 & 4 Wm. 4. c. 106, Sec. 3 (A. D. 1833). See Leake, Prop, in Land, 315: Challis, Real, Prop. 239.
15. Co. Litt. 49a. See 1 Tiffany, Landlord & Ten. Sec. 146 et seq.
At common law, in the case of a reversion upon a particular estate of freehold, since the seisin was in the particular tenant, there could he no livery of seisin by the reversioner, except with the assent of the tenant, and consequently the transfer was ordinarily made by means of a grant, that is, a written instrument under seal.17 The effect of the Statute of Uses was, however, to enable one to convey a reversion by bargain and sale, without any sealed instrument, or any instrument whatsoever.18 The Statute of Enrollments, passed shortly after the Statute of Uses, required an indenture, that is, a sealed instrument, in the case of a bargain and sale of a freehold estate, but this statute is probably in force in no part of this country, and consequently an unsealed conveyance of a reversion can, provided there is the necessary consideration to raise a use,19 and provided further the Statute of Uses is in force in the particular jurisdiction, always be supported as a bargain and sale, unless there is a local statutory requirement of a seal upon a conveyance of land.
II. Rights of Reverter.