Estates in land may be classified according to (1) the quantity of their
interest or duration, (2) the time of enjoyment, and (3) the number and
connexion of the tenants. According to (1), an estate may be either a
freehold of inheritance or a freehold not of inheritance. A freehold of
inheritance may be (_a_) an estate in fee simple, which is the largest
estate a man can hold in English law, and comes close to the idea of
absolute ownership, repudiated by Williams; an estate in fee simple is
inheritable by a man's heirs generally, he has full powers of
disposition over it, and may alienate the whole or part. (_b_) It may
also be in limited fees, which are again subdivided into (i.) qualified
or base fee, (ii.) fee conditional, so called at the common law,
afterwards, on the passing of the statute _De Donis Conditionalibus_,
fee tail, which may be general as to the heirs of a man's body, or
special, as to the heirs _male_ (or _female_) of his body. A freehold
not of inheritance may be either (1) conventional, as an estate for
life, which may be either an estate for one's own life or for the life
of another (_pur autre vie_); (2) legal, or created by operation of law,
as tenancy in tail after possibility of issue extinct (i.e. where an
estate is given to a man and the heirs of his body by his present wife,
and the wife dies without issue, the husband becomes tenant in tail
after possibility of issue extinct); tenancy by curtesy (see CURTESY);
tenancy in dower (see DOWER).
Estates not of freehold or less than freehold are subdivided into (i.)
estates for years (often called estates for a term of years, the
instrument creating it being termed a _lease_ or demise, and the estate
itself a _leasehold interest_); (ii.) estates at will, that is, where
lands or tenements are let by one man to another to have and to hold at
the will of the lessor; (iii.) estates at sufferance, where one comes
into possession of land under a lawful title, and continues in
possession after his title has determined.
According to (2), estates are either in possession or in expectancy.
Estates in expectancy are either (_a_) in remainder, which may be vested
or contingent, or (_b_) in reversion (see REMAINDER, REVERSION).
According to (3), estates may be either (i.) in severalty, that is, the
holding of an estate by a person in his own right only, without any
other person being joined or connected with him in point of interest
therein; (ii.) estates in joint tenancy (see JOINT); (iii.) coparcenary
(q.v.); and (iv.) tenancy in common, where two or more hold the same
land, by several and distinct titles, but with unity of possession. (See
also REAL PROPERTY.)
Public-domain text, read in full here on John Shaqi.
Reviews
Reviews
No reviews yet
Be the first to share your thoughts on this work.
Elsewhere in the archive
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account