Estate in land
Estate in land
2. (Leasehold estates) estates: rights of possession and use but not ownership. The lessor (owner/landlord) gives this right to the lessee (tenant). There are four categories of leasehold estates:
(Interest- right, claim, or legal share: an interest in the new company)
An estate in land is an interest in real property.
Categories of estates
Estates in land can be divided into four basic categories:
- Freehold estates: rights of conveyable exclusive possession and use, having immobility and indeterminate duration
- fee simple
- (fee simple absolute)—most rights, least limitations, indefeasible
- Fee Simple Determinable
- Fee Simple Subject to a Condition Subsequent
- Fee Simple Subject to Executory Limitation
- defeasible estate—voidable possession and use
- finite estate—limited to lifetimes
- life estate—fragmented possession and use for duration of someone's life
- fee tail—inalienable rights of inheritance for duration of family line
- fee simple
- estate for years (tenancy for years)—lease of any length with specific begin and end date
- periodic estate (periodic tenancy)—automatically renewing lease (month to month, week to week)
- estate at will (tenancy at will)—leasehold for no fixed time or period. It lasts as long as both parties desire. Termination is bilateral (either party may terminate at any time) or by operation of law.
- tenancy at sufferance—created when tenant remains after lease expires and becomes a holdover tenant, converts to holdover tenancy upon landlord acceptance.
- Types of leases:
- gross lease
- net lease
- percentage lease
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