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2011©Cengage Learning. All Rights Reserved.
Estates in Land
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Estate
legal term used to define the degree of a person’s ownership interest in property.
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Duration of an Estate Freehold estates Nonfreehold estate or leasehold
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Quality of an Estate Fee simple absolute Conditional estate
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Estate’s Time of Enjoyment Present interest Future interest
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Owners Ownership in severalty Joint tenancy Tenancy in common Community property
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FREEHOLD ESTATES
Fee Simple Absolute Estate
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FREEHOLD ESTATES
Fee Simple Defeasible Estates
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FREEHOLD ESTATES Determinable Estates before 1983
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FREEHOLD ESTATES
Fee Simple Subject to Condition Subsequent
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FREEHOLD ESTATES
Life Estate
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FREEHOLD ESTATES Contingent Life Estates
Rights & Duties of Life Tenant Rule against Perpetuities
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NONFREEHOLD ESTATES Nature of Tenancy
Leasehold Comparison to Other Relationships Importance of Differentiation
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Eviction Procedure Strict adherence required 3 days notice Unlawful detainer court action Eviction by sheriff
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Leasehold Types Estate for Years Periodic Tenancy Tenancy at Will Tenancy at Sufferance
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Advantages of a Written Lease Informal oral agreement is perfectly
valid, binding, and enforceable.
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Advantages of a Written Lease Lease term greater than one year
must be in writing.
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Advantages of a Written Lease Easier proof at trial.
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Advantages of a Written Lease Screening technique to eliminate
unworthy tenants.
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