Like the zombie to the right, the Rule Against Perpetuities never dies and always marches forward. Most recently, in Yowell v. Granite Operating Co, the Supreme Court found that a reserved overriding royalty interest was an interest in real property (as well as a contract right) and could thus be subject to the Rule. Fortunately for Ruleaphobes, the Court also held: “Reformation under [CPRC] section 5.043 is not an ‘action’ to which the residual statute of limitations would apply. Rather, the Legislature enacted a remedial mandate for courts to reform interests, like the one in this case, that violate the Rule.” No. 18-0841 (May 15, 2020).

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