Legal Definitions - contingent use

A "contingent use" refers to a future use of property, land, or assets that is not guaranteed but depends entirely on the occurrence of a specific, uncertain event or condition. Until that condition is met, the intended use cannot legally or practically take place.

Here are some examples to illustrate this concept:

• Real Estate Development Contingency

  Imagine a property developer purchases a plot of land with the intention of building a new apartment complex. However, the current zoning for the land only permits single-family homes. The developer's contract for the land purchase might include a clause stating that their *use* of the land for an apartment complex is contingent upon the city council approving a rezoning application to allow multi-family dwellings. If the city council denies the rezoning, the developer cannot proceed with their intended use of building apartments on that specific plot.

  This illustrates a contingent use because the developer's ability to use the land for its desired purpose (an apartment complex) is entirely dependent on a future, uncertain event: the city council's decision to rezone the property. Without that condition being met, the specific use cannot occur.

• Inheritance with Conditions

  Consider a will that leaves a beloved family vacation home to a niece, but with a specific condition attached: the niece's right to *use* the home is contingent upon her agreeing to pay for all property taxes and insurance annually. If the niece fails to meet this financial obligation in any given year, her right to use the vacation home for that period, or permanently, might be forfeited according to the terms of the will.

  In this scenario, the niece's enjoyment and occupation (her use) of the vacation home are contingent upon her fulfilling the specified financial condition. Her access and rights to the property are not absolute but depend on her ongoing actions.