Legal Definitions - over

In property law, when an interest is described as "over," it signifies that this particular property interest is intended to become effective only *after* a preceding property interest has either ended or failed to materialize. It describes a sequential arrangement where one person's right to property follows another's, often based on specific conditions or the natural expiration of the prior right.

• Example 1: Inheritance through a Will

  A will states, "I leave my vacation cottage to my sister for her lifetime, and then over to my niece upon my sister's death."

  In this scenario, the niece's future ownership interest in the cottage is "over" her aunt's life estate. The niece's right to the property is contingent on and takes effect immediately after her aunt's prior interest (the right to use and enjoy the cottage for her lifetime) terminates upon her death.

• Example 2: Conditional Gift of Land

  A philanthropic organization deeds a large tract of land to a local university for the sole purpose of establishing a research facility. The deed includes a clause specifying that if the land is ever used for any other purpose, ownership will automatically transfer over to a designated environmental conservation group.

  Here, the environmental conservation group's potential interest in the land is "over" the university's initial ownership. The group's right to receive the land only activates if the university's prior interest (ownership for a research facility) fails due to a breach of the specified condition.

• Example 3: Trust with Contingent Beneficiaries

  A trust document specifies that a substantial investment portfolio is to provide income to the settlor's eldest child until they reach the age of 40. If the eldest child passes away before reaching 40, the portfolio is to go over to their younger sibling.

  The younger sibling's interest in the investment portfolio is "over" the eldest child's initial income interest. The younger sibling's right to the portfolio only comes into effect if the eldest child's prior interest terminates prematurely due to their death before the specified age.