The Law of Real Property and Other Interests in Land, Volume 1

Capa
Callaghan, 1920 - 3666 páginas
 

Índice

Seisin and possession
28
Disseisin
32
Livery and grant
33
The doctrine of estates 18 The limitation of estates 19 The classification of estates
35
A ESTATE FOR YEARS
37
PART TWO THE OWNERSHIP OF LAND CHAPTER IV
40
CHAPTER XXV
41
a By express language b By inference on general letting 65 Quarterly monthly and weekly tenancies 66 Transfer of interest 67 Termination of tenan...
42
Lease and contract for lease
43
Statutory changes
55
Classification
57
Words of limitation
58
Things in which the estate may exist
69
Barring the entail
70
Incidents of estate
72
Succession on death of tenant
73
C LIFE ESTATE 31 Nature of estate
74
Creation of estate
76
Incidents of estate
81
b Trustee and cestui que trust c Licensor and licensee d Principal and agent
86
e Grantor and grantee f Vendor and vendee g Life tenant and remainderman
87
Merger
91
Estate pur auter vieSuccession on owners death 36 Tenancy in tail after possibility of issue extinct
93
b Mode of use by tenant
138
Alternative limitations
171
Cross limitations
172
b Effect
173
b In particular actions
186
B TENANCY AT WILL
214
62 Termination of tenancy
223
Seisin of the wife
239
Birth of issue
240
Things in which curtesy exists
241
Conditions expressed and implied
265
Creation of estates on condition
268
Construction adverse to conditions
270
Construction of conditions
273
Void conditions a Effect of invalidity
275
b Impossible conditions
276
c Illegal conditions
279
d Conditions in restraint of marriage
281
e Repugnant conditions
287
82 What constitutes breach
290
a Substantial performance sufficient b Time of performance
291
c Previous demand for performance
292
d Ignorance of condition
294
Waiver of condition
295
Election against forfeiture a Effect
300
b What constitutes
302
Mode of enforcing forfeiture
305
Persons entitled to enforce forfeiture
311
a Common law rule b Transferability of right
313
c Right passing with reversion
316
Effect of enforcement of forfeiture
318
Relief against forfeiture
324
Conveyances in consideration of support
325
DEDICATION
337
CHAPTER V
338
Roof water
344
Lateral support
345
Subjacent support
346
Suspension of rights
347
THE NATURE AND CLASSES OF EASEMENTS 348 Nature of an easement
348
Licenses a General considerations b No formality necessary c Scope of license d Revocability of license e Mode of revocation f Termination otherwis...
349
Easements in gross and appurtenant
350
Light and
351
Waters and water courses
352
Artificial water courses and drains
353
Support of land
354
Support of buildings
355
Party walls
356
Partition fences
357
Rights of
358
Pews and burial rights
359
TRUSTS
360
THE CREATION OF EASEMENTS 361 Express grant
361
Express reservation or exception
362
Implied grant or reservation a General considerations b Of easement corresponding to preexisting quasi easement
363
Prescription
364
Acquisition under statute
365
Estoppel a By reference to nonexistent
366
Easements created by grant
367
Easements created by prescription
368
Capacity of parties to a trust
369
Alterations and repairs
370
Interference with user
371
EXTINCTION OF EASEMENTS 372 Cessation of purpose of easement
372
Excessive user of land
373
Unity of possession or title
374
Application of land to public
375
Express release
376
Abandonment
377
Executed license
378
Adverse user of land
379
In favor of innocent purchasers
380
General considerations
381
Rights in gross and appurtenant
382
Rights of common
383
Rights of pasture
384
Mineral rights
385
The creation of rights
386
Apportionment and extinction
387
General considerations
388
The running of benefits
389
The running of burdens
390
Privity of estate
391
The nature of the covenant
392
Party wall agreements
393
General considerations
394
Character of agreement
395
Theory of enforcement
396
Persons subject to restriction
397
Notice
398
Persons entitled to enforce restriction
399
Existence of general plan
400
Defenses to enforcement
401
The nature of rent
402
What may be reserved as rent
403
Classes of rents
404
Payments which are not properly rent
405
The reservation of rent
406
Transfer of rights and liabilities
407
Death of person entitled
408
Time at which rent is
409
Apportionment as to time
410
Amount of the rent
411
Apportionment as to amount
412
Extinction or suspension of rent
413
Actions for rent
414
Distress for rent
415
Lien for rent
416
Highways
417
Parks squares and commons
418
Customary rights
419
The nature of the government title
422
Grants by the United States
423
Grants by the States
424
Spanish and Mexican grants
425
Patents
426
CLASSES OF CONVEYANCES 427 Conveyances at common
427
Conveyances operating under the Statute of Uses
428
Conveyances employed in the United States
429
Quitclaim deeds
430
Surrender
431
Conveyances failing to take effect in the manner in tended
432
FORM AND ESSENTIALS OF A CONVEYANCE 433 General considerations
433
Designation of the parties
434
Words of conveyance
435
Exceptions and reservations
436
Rules of construction
437
EQUITABLE CONVERSION
438
Realty of consent
439
Effect of alterations
440
DESCRIPTION OF THE LAND 441 General considerations
441
Description by government survey
442
Reference to plat
443
Monuments courses and distances
444
Boundaries on water
445
Boundaries on ways
446
Sufficiency of description
447
Appurtenances
448
COVENANTS FOR TITLE 449 General considerations
449
Covenant for seisin
450
Covenant for right to convey
451
Covenant against incumbrances
452
Covenants for quiet enjoyment and of warranty
453
Covenant for further assurance
454
The measure of damages
455
INTERESTS ARISING UNDER CONTRACTS OF SALE
456
EXECUTION OF THE CONVEYANCE 457 Signing
457
Sealing
458
Witnesses
459
Acknowledgment
460
Delivery
461
Conditional delivery
462
Acceptance
463
Execution by agent
464
CHAPTER VI
465
Failure of preceding limitation 175 Failure of executory limitation 176 Transfer of executory interests VI STATE STATUTORY PROVISIONS 177 ...
466
Accumulations 189 Statutory modifications of the rule
467
Signing by testator
468
Acknowledgment and publication
469
Competency of witnesses
470
Attestation and subscription
471
Holographic and nuncupative wills
472
Undue influence
473
Lapsed and void devises
474
The revocation of a will
475
REMAINDERS
476
Revival of will
477
Republication
478
Purposes for which dedication may be made
479
No particular beneficiary or beneficiaries
480
Who may effect dedication
481
Intention to dedicate
482
Acceptance
483
Dedication distinguished from estoppel
484
Contingent remainders
485
a General nature b Uncertain remainderman
486
Presumption in favor of vesting
495
Unborn children
496
Remainders in favor of a class
497
Advancements
498
Disinheritance
499
General considerations
500
Actual and visible possession
501
Exclusiveness of possession
502
Hostility of possession
503
Necessity of claim of title
504
Failure of contingent remainders
505
Necessity of right of action
506
Interruption of running of statute
507
Reversion in donor until vesting
509
Alternative remainders
510
Cross remainders
514
Equitable remainders
515
Who may acquire right by prescription
516
Remainders to issue of unborn persons
517
Actual user necessary
518
Acceleration of remainders
519
Necessity of claim of right
520
Necessity of notice to landowner
521
Necessity of exclusive user
522
Necessity of peaceable user
523
The transfer of remainders a Vested remainders
524
b Contingent remainders
525
Cessation of adverse character
526
Interruption by landowner
527
Protests and interference by landowner
528
THE RULE IN SHELLEYS CASE 148 Nature of the rule
529
Personal disabilities
530
Nature and extent of prescriptive right
531
Reciprocal prescriptive rights
532
Origin of the rule
533
Freehold in ancestor
534
The rule not one of construction
535
Effect of qualifying words
538
Application to equitable limitations
541
Application to chattel interests 155 Abolition of the rule
543
EXECUTORY INTERESTS
545
Springing uses
546
Shifting uses
547
Creation by bargain and sale
549
TRANSFER UNDER JUDICIAL PROCESS OR DECREE 550 Sales and transfers under execution
550
Estate to commence on grantors death
551
Sales of decedents lands
552
Executory devises
553
Uses by way of remainder
554
Devises by way of remainder
555
Adjudications of bankruptcy
556
The nature of an executory interest a General considerations
557
b As divesting estate
558
Forfeiture to state
559
Remedial legislation
560
c Contingent remainder distinguished
561
Changing effect of limitation
562
Mode of appropriation
563
Classes of executory interests
564
Limitations over on death
565
Priorities apart from recording acts a As between legal interests b As between legal and equitable interests c As between equitable interests
566
Purchasers with notice from purchasers without notice
575
Power of destruction in first takerRepugnancy 168 Construction in favor of vesting
577
Limitations to survivors
579
Gifts to a class
581
RESTRICTIONS UPON THE FREEDOM OF TRANSFER
586
Title and lien theories
600
The right of redemption
601
Interests which may be mortgaged
602
The form and execution of a mortgage
603
Necessity of acceptance
604
Conveyance absolute in form a Separate written defeasance b Oral evidence that mortgage intended c Considerations determining character of trans a...
605
Necessity of consideration
606
The obligation secured a Character of obligation b Personal liability c Bond or note d Description in mortgage
607
Legality of purpose of mortgage
608
RIGHTS AND LIABILITIES INCIDENT TO THE MORTGAGE RELATION 609 Nature of the mortgagors interest
609
Nature of the mortgagees interest
610
The relation not fiduciary
611
The right to possession of the land
612
Rents and profits a Mortgagor in possession b Crops c Mortgagee in possession d Sequestration by receiver
613
Effect of a lease of the land a Lease before mortgage b Lease after mortgage
614
Expenditures by mortgagee
615
Taxes
616
Insurance
617
Injuries to the land
618
Execution sale of mortgagors interest
619
TRANSFER OF MORTGAGED LAND 620 General considerations
620
Transfer to mortgagee
621
Transfer subject to mortgage
622
Assumption of mortgage debt
623
CHAPTER VII
624
Joint tenancy
626
PRIORITY OF LIEN
633
EXTINCTION OF THE MORTGAGE
640
Tenancy in common
641
Coparcenary
643
Tenancy by entireties
646
Community property
657
Partnership property
662
Ouster of cotenant
671
Accounting by cotenant
674
Contracts and conveyances by cotenant
678
Contribution as between cotenants
687
Acquisition of adverse title
692
Actions by cotenants
698
Voluntary partition
703
The purpose of the legislation
714
Compulsory partition
723
ESTATES AND INTERESTS ARISING FROM MARRIAGE I THE HUSBANDS RIGHTS DURING COVERTURE
725
Rights at common
726
Equitable modifications of husbands rights
728
Statutory modifications of husbands rights
731
DOWER 208 General nature
733
Necessity of marriage 210 Seisin of the husband
735
The recording acts
736
Duration of the seisinTransitory seisin
739
Things in which the dower right exists
742
Character of the husbands estate
747
Dower in equitable estates
748
Bare legal estates
751
Dower in mortgaged land
752
Dower in reversions and remainders
755
Dower in land jointly owned
758
Estoppel to deny husbands title
760
Effect of conveyance by husband
761
a Before marriage b After marriage
766
Destruction or termination of husbands estate
768
Enforcement of mortgage or other lien
772
Enforcement of contract of sale
774
Release of dower
776
Testamentary provision in lieu of dower
788
Jointure or antenuptial agreement
789
Adultery and abandonment 1
794
Effect of divorce
795
Estoppel to claim dower
796
Dower inchoate
799
Dower consummate
804
The widows quarantine
807
The assignment of dower
813
Proceedings to compel assignment
817
Dower after assignment
823
Statutes altering or abolishing dower
825
CURTESY 237 General nature
826
Necessity of marriage
828
Curtesy consummate
847
Statutes altering or abolishing curtesy
848
HOMESTEAD RIGHTS 247 General character of the rights
849
The wifes rights during coverture
850
Rights of surviving consort
854
Rights of children
860
CHAPTER IX
862
LAND UNDER WATER
863
Contract of sale
886
The doctrine of emblements
889
Border trees
896
FIXTURES AND IMPROVEMENTS 266 General considerations
903
Intention of the annexor
908
Physical attachment
910
Character of article
912
Relationship of parties
916
MANURE
946
b Injunction against waste
982
BOUNDARIES
994
FENCES
1003
Tide waters
1008
Navigable nontidal streams 302 Nonnavigable streams 303 Lakes and ponds
1018
Riparian rights of access
1022
Rights of reclamation and wharfing
1024
Rights as to
1030
Lateral lines between proprietors
1032
ANIMALS AND FISH 308 Animals
1035
Rights of fishing
1037
Fish
1038
PART THREE RIGHTS TO DISPOSE OF LAND NOT BASED ON OWNERSHIP CHAPTER X
1040
Common law powers
1043
Statutory powers 313 Powers taking effect as executory limitations
1044
Equitable powers
1046
Powers of appointment
1047
Powers of revocation
1049
Discretion as to executionPowers in trust
1051
Powers coupled with an interest
1054
Creation of powers
1056
Scope of the power
1061
Personal capacity of donee of power
1066
Who may exercise the power a In case of individual donee
1067
b In case of joint donees
1074
Mode of execution
1079
Showing as to intent to execute
1081
Conditions of execution
1086
Excessive execution
1090
Defective executionAider in equity
1091
Illusory appointments
1094
Fraud on powers
1096
PART FOUR
1116
g Nonriparian owners right of action
1150
d Pollution
1181
PERSONAL DISABILITIES AS TO THE TRANSFER OF LAND
1193
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Passagens conhecidas

Página 1072 - And be it further enacted, that every will shall be construed, with reference to the real estate and personal estate comprised in it, to speak and take effect as if it had been executed immediately before the death of the testator, unless a contrary intention shall appear by the will.
Página 483 - Future estates are either vested or contingent: They are vested when there is a person in being who would have an immediate right to the possession of the lands, upon the ceasing of the intermediate or precedent estate. They are contingent whilst the person to whom, or the event upon which they are limited to take effect remains uncertain.
Página 435 - ... nothing is better established than this principle, that money directed to be employed in the purchase of land, and land directed to be sold and turned into money, are to be considered as that species of property into which they are directed to be converted...
Página 430 - A charity, in the legal sense, may be more fully defined as a gift, to be applied consistently with existing laws, for the benefit of an indefinite number of persons, either by bringing their minds or hearts under the influence of education or religion, by relieving their bodies from disease, suffering or constraint, by assisting them to establish themselves in life, or by erecting or maintaining public buildings or works, or otherwise lessening the burdens of government.
Página 87 - Before we conclude, it may be proper to observe,that whenever a greater estate and a less coincide and meet in one and the same person, without any intermediate estate, the less is immediately annihilated, or, in the law phrase, is said to be merged, that is, sunk or drowned in the greater.
Página 101 - Except nevertheless all leases not exceeding the term of three years from the making thereof, whereupon the rent reserved to the landlord, during such term, shall amount unto two third parts at the least of the full improved value of the thing demised.
Página 341 - ... of any lands, tenements or hereditaments, to the use, confidence or trust, of any...
Página 354 - No case as ever been decided in which, under a conveyance to A. and his heirs to the use of A., and his heirs, to the use of B., and his heirs, A.
Página 617 - The absolute power of alienation is suspended, when there are no persons in being by whom an absolute fee in possession can be conveyed.
Página 96 - A lease is properly a conveyance of any lands or tenements (usually in consideration of rent or other annual recompense) made for life, for years, or at will, but always for a less time than the lessor hath in the premises ; for if it be for the whole interest, it is more properly an assignment than a lease.

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