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Simple English definitions for legal terms

executory interest

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A quick definition of executory interest:

An executory interest is a type of future ownership that someone else will have in a property. This ownership can only happen if certain conditions are met, like a specific event occurring or a certain amount of time passing. There are two types of executory interests: shifting and springing. Shifting means that the ownership will change before the current owner's time is up, while springing means that the new owner will take over in the future. If the conditions for the executory interest aren't met, the property will go back to the original owner.

A more thorough explanation:

An executory interest is a type of future interest in a transferee that can either divest the prior estate or spring out of the grantor to become possessory. These interests are non-vested and are subject to the Rules Against Perpetuities.

There are two types of executory interests:

  • Shifting Executory Interest: This type of interest divests some interests in another transferee prior to its natural expiration, thereby cutting short the prior estate. However, many shifting executory interests violate the Rules Against Perpetuities.
  • Springing Executory Interest: This type of interest divests the transferor in the future and has a gap of time. If there is any time not accounted for, the estate reverts back to the original owner as a reversion.

A fee simple subject to executory interest is a type of defeasible fee in which, on the happening of a stated event, automatically divests in favor of a third party that is not the transferor.

One example of an executory interest is a transfer of property from A to B, but with the condition that if B ever sells the property, it will automatically transfer to C. In this case, C holds a shifting executory interest because it divests B of their interest in the property if they sell it.

Another example is a transfer of property from A to B, but with the condition that B will only gain possession of the property once they turn 21 years old. In this case, B holds a springing executory interest because it will only become possessory in the future and has a gap of time.

These examples illustrate how an executory interest can either divest a prior estate or spring out of the grantor to become possessory in the future.

executory | executory remainder

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HopefullyInLawSchool
16:03
@UnderRepresentedTryhard: Yes only for YM applicants tho
RoaldDahl
16:05
dodged the mich r wave what does this mean
HopefullyInLawSchool
16:06
it means you will not be rejected today and may be accepted or WL in the future
Just got my Michigan rejection
BookwormBroker
16:10
same
RoaldDahl
16:10
@HopefullyInLawSchool: what if i already got rejected. does it mean anything
HopefullyInLawSchool
16:12
@RoaldDahl: Likely not however it could mean nothing
RoaldDahl
16:15
So if it means nothing does that mean something?
HopefullyInLawSchool
16:17
Possibly
RoaldDahl
16:26
Cool
RoaldDahl
16:26
thank you!!!! i hope it means something
pinkandblue
16:31
fart
IrishDinosaur
16:36
Mich R gang lesgooo
Did anyone else get that random get to know nova email?
HopefullyInLawSchool
17:21
Ya it was sent to all YM applicants
starfishies
17:37
Anyone get the NDLS email inviting you to apply for something even though they haven’t made a decision on your app yet
17:38
Better yet I got the email and I was rejected last month
starfishies
17:38
Wtf
starfishies
17:39
and the deadline is in like a week what is this
any cardozo movement?
BatmanBeyond
18:01
Sent a LOCI via portal, but I'm wondering if email would have gotten me a swifter response
BatmanBeyond
18:02
This whole hold/wait-list/reserve system is a headache
loci already?
BatmanBeyond
18:09
If the odds are like 1-2% I don't think it matters much by the numbers
12:11
I got the same NDLS email
OrangeThing
12:18
I think the user profiles are broken
19:29
Any word out of Notre Dame?
19:29
Only the invitation to apply for LSE
19:29
Anyone received a decision from NDLS?
19:50
when did u guys apply that just heard from umich? they havent even glanced at my app yet
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