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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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concorde
19:45
I hate Dostoevsky
2big2fail
19:45
studying cloud computing, not the cloud of unknowing
babycat
19:45
@1a2b3c4d26z: serotonin is my fave houellebecq
1a2b3c4d26z
19:45
chefs kiss mwah
2big2fail
19:45
i honestly dont understand why people like houellebecq
1a2b3c4d26z
19:45
I'll try to describe how I feel about him
2big2fail
19:46
my favorite french authors are balzac and proust, as basic as that is
1a2b3c4d26z
19:46
basically I read his book and the whole time I read it I liked it so I finished it and I said hm I liked that book written by the author houellebecq
1a2b3c4d26z
19:46
balzac hahaha
2big2fail
19:46
lost illusions is goated
does it take longer to hear back if u applied to scholarships for schools like ucla???
Dkk
19:47
For Houellebecq I have only read https://en.wikipedia.org/wiki/Atomised
JumpySubsequentDolphin
19:47
you guys should read averroes
also do we think ucla wont do a wave tmw cuz they did a tiny one tonight, can schools do 2 days ina. row
JumpySubsequentDolphin
19:47
perhaps read the incoherence of philosophy first and then read averroes’ response: “the incoherence of the incoherence”
2big2fail
19:47
@Dkk: i read that one. just thought it was boring and not really in touch with reality
JumpySubsequentDolphin
19:47
SPLITTY usually they’re Friday!
Dkk
19:48
@2big2fail: I agree.
HUH then what the heck is this wave tonight ab are they tryna give us an attack???
babycat
19:49
@texaslawhopefully: don’t really remember it but my ibooks library says i read it in 2020. that whole year is a haze.
Dkk
19:51
My favorite book though, The Good Morty: https://archive.org/details/TheGoodMorty
Dkk
20:09
Man, I guess nobody like The Good Morty
2big2fail
20:10
didnt even look at it
Dkk
20:12
R.I.P.
Dkk
20:13
https://www.youtube.com/watch?app=desktop&v=0uzynaLi4Tg&t=0s such a minor joke, so good to me.
babycat
20:16
I hate The Good Morty
Dkk
20:21
I hate him too. So lame.
Dkk
20:23
If someone has over like a 170 and they report their stats in the 2023-2024 cyle, I really question if they deserved that 170.
Dkk
20:23
I'm gunna report all my shit in the 2025-2026 cycle for now on.
babycat
20:28
Dk have you gotten into any schools yet?
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