Estate in land


Estate in land

An estate in land is an interest in real property that is or may become possessory.

This should be distinguished from an "estate" as used in reference to an area of land, and "estate" as used to refer to property in general.

In property law, the rights and interests associated with an estate in land may be conceptually understood as a "bundle of rights" because of the potential for different parties having different interests in the same real property.

Categories of estates

Estates in land can be divided into four basic categories:
# Freehold estates: rights of "ownership"
#* fee simple (fee simple absolute)—most rights, least limitations, indefeasible
#* fee tail—inalienable rights of inheritance
#* conditional, defeasible, or determinable fee—voidable ownership
#* life estate—ownership for duration of someone's life
# Leasehold 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:
## 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; see Forcible Entry and Detainer Statutes
#*Types of leases:
#** gross lease
#** net lease
#** percentage lease
# Statutory estates: created by law
#* community property
#* homestead
#* dower—interest a wife has in the property of her husband
#* curtesy—interest a husband has in the property of his wife
#* tenancy by entirety
# Equitable estates: neither "ownership" nor "possession"
#* lien
#** general
#** specific
#* easement
#** easement in gross
#** easement appurtenant
#*** ingress
#*** egress


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Look at other dictionaries:

  • estate in land — The degree, quantity, nature, or extent of interest which a person has in land. Robertson v Vancleave, 129 Ind 217, 29 NE 781. See estate; landed estate …   Ballentine's law dictionary

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  • estate in land — The length of time for which a piece of land will be held; for example, a life estate would last only for the life of the owner. See fee simple …   Big dictionary of business and management

  • owner of an estate in land — index landholder, landlord, landowner Burton s Legal Thesaurus. William C. Burton. 2006 …   Law dictionary

  • estate — es·tate /i stāt/ n [Anglo French estat, literally, state, condition, from Old French, from Latin status, from stare to stand] 1: the interest of a particular degree, nature, quality, or extent that one has in land or other property compare fee;… …   Law dictionary

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  • land — In the most general sense, comprehends any ground, soil, or earth whatsoever; including fields, meadows, pastures, woods, moors, waters, marshes, and rock. State v. Coffee, 556 P.2d 1185, 1193, 97 Idaho 905. In its more limited sense, land… …   Black's law dictionary

  • land — In the most general sense, comprehends any ground, soil, or earth whatsoever; including fields, meadows, pastures, woods, moors, waters, marshes, and rock. State v. Coffee, 556 P.2d 1185, 1193, 97 Idaho 905. In its more limited sense, land… …   Black's law dictionary


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