Legal Definitions - nonforfeitable

Nonforfeitable describes a right, asset, or benefit that cannot be taken away, revoked, or lost, even if certain conditions that might otherwise lead to its loss are met or actions are taken. It signifies a protected and vested interest that is secure against forfeiture.

• Example 1: Retirement Pension

  Imagine an employee who works for a company for five years. The company's pension plan specifies that after three years of service, an employee's accrued pension benefits become nonforfeitable.

  This means that even if the employee leaves the company after five years, or if the company faces financial difficulties, the pension benefits they earned during those five years cannot be taken away from them. They have a guaranteed right to receive those benefits when they retire, regardless of future employment status or company solvency.

• Example 2: Scholarship Award

  Consider a university that awards a student a four-year scholarship. The terms state that once the student successfully completes their first year with a minimum GPA, the scholarship for the subsequent three years becomes nonforfeitable, provided they continue to meet academic standards.

  After the first year's conditions are met, the university cannot arbitrarily revoke the scholarship for the remaining years. The student has a protected right to receive the financial aid, ensuring their continued education, as long as they maintain the specified academic performance.

• Example 3: PropertyEasement

  A property owner grants their neighbor an easement, which is a legal right to use a portion of their land, such as a shared driveway. The agreement specifies that this right of access is nonforfeitable, even if the original owner sells their property.

  This means the neighbor's right to use the driveway cannot be revoked by the original owner or any subsequent owner of the property. It is a permanent, protected right that "runs with the land," ensuring the neighbor's access regardless of changes in property ownership.