What does the term "abeyance" refer to in real estate law?

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The term "abeyance" in real estate law signifies a situation where there is a lapse in succession, meaning there is no current vested title to a property. This can occur in cases where an estate has not yet been settled or where certain conditions must be met before ownership is transferred. During this period, the property rights are essentially on hold, waiting for a future event, such as the fulfillment of a condition or the resolution of a legal matter, to occur.

For instance, if a property owner passes away and there is uncertainty regarding who the rightful heirs are, the title to that property may be in abeyance until the heirs are determined. The concept is crucial as it highlights periods in which property ownership is not definitively assigned, allowing legal proceedings to clarify ownership issues. Understanding abeyance is essential for navigating real estate transactions and ensuring that all title issues are resolved before a property is sold or transferred.

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