A landowner conveyed property "to Sarah, but if Sarah fails to cultivate the property within five years, then to Mark." Sarah fails to cultivate the property within the specified time period. What type of interest was conveyed to Mark?
Mark was granted a shifting executory interest. A shifting executory interest is a future interest that cuts short the preceding estate (Sarah’s interest in this case) upon the occurrence of a specified condition (failure to cultivate the property within five years). Unlike a remainder, an executory interest does not wait for the natural expiration of the prior estate; instead, it divests the prior estate if the condition is met. Answers confusing executory interests with other future interests are incorrect because they misunderstand the functional difference between these legal constructs.
Ask Bash
Bash is our AI bot, trained to help you pass your exam. AI Generated Content may display inaccurate information, always double-check anything important.
What is a shifting executory interest?
Open an interactive chat with Bash
How does a shifting executory interest differ from a vested remainder?
Open an interactive chat with Bash
What is the significance of the failure to cultivate the property in this context?