TAILIEUCHUNG - Gale Encyclopedia Of American Law 3Rd Edition Volume 4 P26

Gale Encyclopedia of American Law Volume 4 P26 fully illuminates today's leading cases, major statutes, legal terms and concepts, notable persons involved with the law, important documents and more. Legal issues are fully discussed in easy-to-understand language, including such high-profile topics as the Americans with Disabilities Act, capital punishment, domestic violence, gay and lesbian rights, physician-assisted suicide and thousands more. | ESTATE 239 representative takes the property as personal property. A life estate is alienable and therefore the life tenant can convey his or her estate. The grantee of the life tenant would thereby be given an estate pur autre vie. The life tenant is unable however to convey an estate that is greater than his or her own. Nonfreehold Estates Nonfreehold estates are interests in real property without seisin and which are not inheritable. The four main types of nonfreehold estates are an estate for years an estate from year to year a tenancy at will and a tenancy at sufferance. Estate for Years The most significant feature of an estate for years is that it must be of definite duration that is it is required to have a definite beginning and a definite ending. The most common example of an estate for years is the arrangement existing between a landlord and tenant whereby property is leased or rented for a specific amount of time. In this type of estate the transferor leases the property to the transferee for a certain designated period for example Transferor leases blackacre to transferee for the period of January 1 1998 to January 1 2003 a period of five years. During the five-year period the transferee has the right to possess Blackacre and use and enjoy the fruits that stem from it. He or she is required to pay rent according to the terms of the rental agreement and is not permitted to commit waste on the premises. If the transferee dies during the term of the lease the remainder of such term will pass to the transferee s personal representative for distribution pursuant to a will or the laws of descent and distribution since a leasehold interest is regarded as personal property or a chattel real. Estate from Year to Year The essential distinguishing characteristic of an estate from year to year is that it is of indefinite duration. For example a landlord might lease Blackacre to a tenant for a two-year period from January 1 2003 to January 1 2005 at a rental of 600

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