Legal Definitions - posteriority

Posteriority refers to the state or condition of something coming after another in time, order, or sequence. It signifies that one event, right, or legal instrument is subsequent to an earlier one, meaning it was created, established, or occurred at a later point.

Here are some examples illustrating posteriority:

• Contractual Agreements: Imagine a software company signs a licensing agreement with a client in January. In June of the same year, they sign an addendum to that original agreement, modifying certain terms regarding software updates and support. The addendum has posteriority to the initial licensing agreement because it was created and agreed upon at a later date, and its terms would typically govern any conflicting provisions in the original contract from that point forward.

• Property Liens: A homeowner takes out a first mortgage on their house in 2010. In 2015, they decide to take out a second mortgage (often called a home equity loan) using the same property as collateral. The second mortgage has posteriority to the first mortgage. This means that if the homeowner were to default on their loans and the property had to be sold, the lender holding the first mortgage would typically have priority in being repaid from the sale proceeds before the lender holding the second mortgage, reflecting the order in which the liens were established.

• Legislative Acts: A state legislature passes a law in 2020 regulating environmental emissions from factories. In 2022, the same legislature passes a new law that specifically addresses emissions from power plants, introducing stricter limits and different enforcement mechanisms. The 2022 law has posteriority to the 2020 law. While both laws might be in effect, the later, more specific law would generally take precedence or provide additional, more detailed rules for power plant emissions due to its subsequent enactment.