What effect does an unborn or unascertained future interest have on title?

When considering the effect of an unborn or unascertained future interest on title, the correct understanding is that such interests can make title unmarketable. An unborn or unascertained future interest refers to a future interest that depends on the occurrence of an event that may or may not happen, such as the potential interest of a person not yet conceived or identified.

In real property law, marketability of title is essential for ensuring that the buyer can obtain clear title to the property without risks of future claims or disputes. If a title includes an interest that could potentially vest in the future but is currently uncertain, this creates ambiguity and risk which would likely deter potential buyers. The existence of such a contingent future interest clouds the title and introduces uncertainty, making it more difficult to sell, finance, or otherwise deal with the property.

Thus, the presence of an unborn or unascertained future interest inherently brings marketability into question, categorizing the title as unmarketable. This understanding aligns with established principles in real property transactions, where certainty and clarity of interests are paramount for a marketable title.