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Simple English definitions for legal terms

executory interest

Read a random definition: Association of Legal Writing Directors

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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MIAMI A
[] AromaticTroubledDormouse
20:55
How does one know if they are UR1 or UR2?
[] AromaticTroubledDormouse
20:56
CONGRATS MACAQUE!
TY
got a random stanford email and almost had a heart attack
ALSO CONGRATS!
Congrats1!
21:15
Miami A, yall I'm so excited I could cry.
21:15
Feel like I can finally stop holding my breath!! Whew!!!
[] baddestbunny
22:16
every time I get accosted by a strange man who follows me around because my male coworkers were too busy talking to walk me back to my car I get closer to saying we need to bring back traditional gender roles
Dkk
22:32
Nice! @Macaque
Dkk
22:32
@Aromatic, Have to guess.
Dkk
22:33
That sucks @Bunny do you have to go to the hospital?
[] baddestbunny
22:40
I said accosted not assaulted
23:35
guys. my notre dame address just went long is this good or bad
1a2b3c4d26z
23:37
Oooooo me too
23:37
omg is this good or bad
Dkk
23:47
Idk if gender roles are gunna fix that then.
23:49
it looks like most people who applied in october last cycle didn't get a decision until january... does it even mean anything that our addresses went long??
hows ED 2 compared to ED 1?
Dkk
0:10
No idea
windyMagician
0:34
reporting live to say my ndls address also went long
does it mean anything ^
Dkk
2:21
NDLS and Fordham took a very long time last year. It's good info for people to know.
[] baddestbunny
4:29
let’s get after it boys and girls
Dkk
5:21
I gtg to bed soon.
Dkk
5:22
Big day today. Gunna be a crazy one. I will sleep through the first half.
good morning lsd it is 5 am EST
also jazzy my ndls address went long ages ago i sadly do not think it means anything
my stanford address also went long LOL i think at most it's an indicator it's under review
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