Executory interest
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| Property law |
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| Part of the common law series |
| Acquisition of property |
| Gift · Adverse possession · Deed |
| Lost, mislaid, or abandoned |
| Treasure trove |
| Alienation · Bailment · License |
| Estates in land |
| Allodial title · Fee simple · Fee tail |
| Life estate · Defeasible estate |
| Future interest · Concurrent estate |
| Leasehold estate · Condominiums |
| Conveyancing of interests in land |
| Bona fide purchaser |
| Torrens title · Strata title |
| Estoppel by deed · Quitclaim deed |
| Mortgage · Equitable conversion |
| Action to quiet title |
| Limiting control over future use |
| Restraint on alienation |
| Rule against perpetuities |
| Rule in Shelley's Case |
| Doctrine of worthier title |
| Nonpossessory interest in land |
| Easement · Profit |
| Covenant running with the land |
| Equitable servitude |
| Related topics |
| Fixtures · Waste · Partition |
| Riparian water rights |
| Lateral and subjacent support |
| Assignment · Nemo dat |
| Other areas of the common law |
| Contract law · Tort law |
| Wills and trusts |
| Criminal Law · Evidence |
An Executory Interest is a future interest, held by a third party transferee (i.e. someone other than the grantee), which either cuts off another's interest or begins after the natural termination of a preceding estate. It differs from a remainder.
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[edit] Two types of executory interests
There are two different types of executory interests: shifting and springing.
[edit] Shifting executory interest
A shifting executory interest always follows a defeasible fee and cuts short someone other than the grantor. For example, if O conveys property “To A and her heirs, but if B returns from Canada sometime next year, to B and his heirs”; here, B has a shifting executory interest, and A has a fee simple subject to this shifting executory interest.
[edit] Springing executory interest
A springing executory interest cuts short the grantor of the property. For example, if O conveys property “To A, if and when he marries”; here, A has a springing executory interest, and O has a fee simple subject to this springing executory interest.
[edit] References
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