Legal Definitions - over

Definition: Over is an adjective used to describe a property interest that is intended to take effect after the failure or termination of a prior estate. It is preceded by some other possessory interest, such as a limitation over or a gift over.

Example 1: A father leaves his house to his son for his lifetime, with the remainder to his grandson. In this case, the grandson has an over interest in the property, as his possession of the property is intended to take effect after the death of his father.

Example 2: A woman leaves her car to her sister for as long as she needs it, with the remainder to her nephew. In this case, the nephew has an over interest in the car, as his possession of the car is intended to take effect after the sister no longer needs it.

These examples illustrate how an over interest in a property is dependent on the prior estate. The over interest only takes effect after the prior estate has ended or failed. This means that the person with the over interest does not have immediate possession of the property, but rather a future interest that will only come into effect at a later time.