Estates

Question 1

Estate

Answer 1

A interest in land of some particular duration.

No absolute ownership of land like there is with chattels. Land is held in tenure.

Question 2

Two types of Estates

Answer 2

1. Freehold

2. Leasehold

Question 3

Types of freehold estates

Answer 3

1. fee simple (as long as original tenant and their heirs survives)
2. fee tail (original or any lineal descendants ex would include brother)
3. life estate. (life only)

All are uncertain.

Question 4

Fee means

Answer 4

inheritance/ inheritable

Question 5

Leaseholds

Answer 5

“estates less than freeholds” basically a renter. Merely has possession, freehold is the landlord.

Question 6

Remainder vs reversion

Answer 6

remainder is a future gift to someone not previously entitled to the land, whereas reversion signifies the residue of an owners interest after he has granted away some lesser estate in possession to someone else.

Question 7

Seisin

Answer 7

“possession by a freeholder” Only a freeholder had seisn, which means peace and quiet. Basically means a person put in seisn is set there and continued to sit there, denotes quiet possession of the land.
Someone always has to be seised to do feudal services. Must be a person with status in the feudal scale. Not a right. At the time, only the one who was seised could exercise owners rights over the land.

Question 8

Elements of seisn

Answer 8

Person is seised only if

1. has an estate in freehold
2. Land was of freehold tenure
3. Had physical possession or leaseholder or copyholder held the land from him

Question 9

Estates in Expectancy

Answer 9

Reversions and remainders. Have no element of futurity, just a bundle of rights that can be dealt with