What is an executory interest?

An executory interest is a secondary or backup easement in the land held by another conservation organization.  The executory interest holder is responsible for ensuring that the primary easement holder monitors the property and enforces the terms of the easement.  If the primary holder fails to enforce the easement for any reason, the backup holder can take enforcement action to restore the property and can even take over the easement from the grantee.  As a landowner you may choose which organization is the primary easement holder and the executory interest holder.