Also known as:interests · interesse · stake · title interest
Written by attorneys · grounded in primary & secondary sources — see below
An aggregation of rights, privileges, powers, and immunities constituting a legal or equitable share in property or a claim. The term encompasses any right to or stake in something of value, including ownership interests, security interests, and litigation stakes that affect joinder or corporate decisions.
Sources & Authorities
How it applies
Common Examples
6
Larceny Deprivation of Property Interest
Ike takes Isabella's watch from her desk without permission. He intends to keep it indefinitely. The taking satisfies the larceny requirement because Ike acts with the purpose of permanently depriving Isabella of her interest in the watch.
Outstanding Interest Clouds Title
Island Manufacturing contracts to sell land to Interlink Communications. A recorded easement benefiting a neighbor remains unreleased at closing. Interlink refuses to perform because the outstanding interest renders title unmarketable and the seller cannot cure before the deadline.
Joinder of Party with Claimed Interest
Ibrahim sues Imperial Motors for breach of a supply contract. Ironwood Capital holds a security interest in the disputed equipment and moves to intervene. The court must join Ironwood because it claims an interest relating to the subject of the action and disposition without it may impair its ability to protect that interest.
Select any source to read its text and confirm it supports the definition.
Cases
Statutes
Federal Rules
Uniform Acts
Model Codes
Common Law
New Trial in Interest of Justice
After Ines is convicted, newly discovered evidence shows the key witness lied. Ines moves for relief. The court vacates the judgment and orders a new trial because the interest of justice requires that the verdict not stand on tainted testimony.
Predecessor in Interest for Hearsay
Ira sues on a contract originally entered by his company. The opposing party offers a prior deposition of the company's former president. The testimony is admissible against Ira because the company was his predecessor in interest and had the same motive to examine the witness.
Corporate Best Interests Determination
A shareholder files a derivative suit against directors of Island Manufacturing. A special litigation committee determines that continuing the suit is not in the corporation's best interests. The plaintiff must allege particular facts showing the committee failed to meet statutory requirements to overcome the determination.
Common questions
Frequently Asked
3
How does an outstanding interest affect marketability of title?+
An unreleased lien, easement, or covenant constitutes an outstanding interest that renders title unmarketable. The buyer may rescind or refuse to close if the seller cannot cure the defect.
Supporting sources
When must a person claiming an interest be joined under Rule 19?+
A person must be joined if the person claims an interest relating to the subject of the action and disposing of the action without that person may impair the person's ability to protect the interest or leave an existing party subject to inconsistent obligations.
Supporting sources
What must a plaintiff allege to challenge a corporate best-interests determination?+
The plaintiff must allege with particularity facts establishing that the requirements for the determination have not been met.
Supporting sources
410 U.S. 113 (1973)Constitutional Law
…privacy includes the abortion decision, but that right is not unqualified and must be considered against important state interests in regulation. Pp. 152-166. (a) The Constitution does not explicitly mention any right of privacy. In a line of decisions, however, going back as far as Union Pacific R. Co. v. Botsford ,…