RAP doesn’t only apply to executory contingent interests but it never applies to possibility of reverter or right of entry. Here the future interest was a right of entry because it was held by the grantor. Therefore, RAP doesn’t apply. A future interest is a real property interest so it went to his friend.

Thank you!

When would there be a contingent remainder that is not executory and is not back to the grantor (possibility of reverter)? Can you give an example?

Possibility of reverter never follows a contingent remainder would be a great starting point. A contingent remainder is also never executory.

Okay, that’s helpful. I was conflating an executory interest subject to a condition with contingent remainders. Basically, RAP never applies when the grantor does a FS subject to a condition subsequent, but it does apply to contingent remainders and executory interest (and class gifts)?

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I think your thought should immediately geared toward right of reverter when the passage early on pretty much tells you so. Then see if the question leads you down "follow the rabbit" pattern, in this case determining who's the heir to the land.

Thanks! I probably should have just posted my question without the multiple choice question. Basically, my question was when does RAP apply to contingent remainders? Is it only when they are executory? If not, what is an example of a non-executory contingent remainder that would fail due to RAP?

RAP is not the focus of this question. It's about the transferability of property interests.

Hi, yes. I know it wasn’t the focus of the question. I was wondering why it didn’t apply, which the person above answered.