Which term refers to a future interest that cannot sue for waste?

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The term that refers to a future interest that cannot sue for waste is executory interest. An executory interest is a type of future interest in property that arises when a grantee's interest is contingent upon a specific event occurring in the future, which does not allow them to take action against a current possessor for waste until that future event occurs.

In contrast, vested remainders and contingent remainders can typically allow someone to take action for waste because they are directly tied to the current possessory interest. A vested remainder is a future interest that is guaranteed to become possessory assuming the prior estate ends, and a contingent remainder has conditions that must be met before it can become possessory. Both of these categories have the capacity to address waste issues, unlike executory interests. Reversionary interests also generally afford the original grantor the right to sue for waste.

In summary, the unique characteristic of executory interests is that they operate separately from the current possessory interest, meaning they lack direct control over the property until the triggering condition occurs, thus preventing any right to sue for waste during that intervening period.

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