Term
What differentiates different kinds of estates? |
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Definition
The length of time that they endure. |
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Term
Historically, what was the system that the estate system came from called? |
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Definition
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Term
What was one of the main weaknesses of the feudal system? |
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Definition
Services (aka rent) were fixed at a certain cost, but land usually increased in value. Because of this, landlords felt cheated because the tenant was the only one reaping the benefit of increased value.
Thus, the feudal system encouraged landlords to hope that tenants died w/o heirs or to breach their obligations. |
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Definition
Signaled the end of feudalism.
This statute prohibited further subdividing of lands and services. In return, lords gave tenants the right to alienate their land w/o the lord's consent. |
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Definition
...an interest in land that is or may become possessory and is measured in time. |
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Term
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Definition
- Fee Simple
- Fee Tail
- Life Estate
- Leasehold Estate
NOTE: These are the only kinds of present possessory estates. |
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Term
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Definition
A type of present possessory estate.
A fee simple is an estate that could potentially endure forever.
Language:
"to A and his heirs" |
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Term
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Definition
A type of present possessory estate.
An estate that has the potential of enduring forever, BUT will necessarily cease if and when the first fee tail tenant has no lineal descendant heirs.
Language:
"to A and the heirs of his body" |
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Term
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Definition
A type of present possessory estate.
An estate that will end necessarily at the death of a person.
Language:
"to A for life" |
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Term
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Definition
A type of present possessory estate.
Includes estates that endure:
- for any fixed calendar period (term of years).
- for a period to period until landlord or tenant gives notice of termination (periodic tenancy).
- for as long as both landlord and tenant desire (tenancy at will).
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Term
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Definition
The highest form of holding under feudal tenure.
A holder here would have seisin. |
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Types of Freehold Estates |
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Definition
- Fee Simple
- Fee Tail
- Life Estate
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Types of Nonfreehold Estates |
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Definition
- Leasehold (landlord/tenant)
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Term
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Definition
An estate where the possessor only has possession but does not have seisin. |
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Term
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Definition
A person with this would be responsible for the feudal services required of a particular property. Feudal incidents would be required upon this person's death because of it.
In the feudal days, this thing could not be gotten rid of as someone must always have it. |
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Term
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Definition
Estates are ranked according to their potential durations. In order:
- Fee Simple
- Fee Tail
- Life Estate
- Leasehold
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