What is an estate at will, and how is it created, and what are the incidents?

Where lands are let by one man to another to hold at the will of both, and the lessee enters thereon.

The estate, if perfected by entry, may be created by (i.) written agreement; (ii.) verbally; (iii.) construction of law.

The tenant is entitled to emblements, unless he determine the tenancy, and he is liable for voluntary waste.

What amounts to a determination of the tenancy?

(i.) Express determination of the lessor's will by notice; (ii.) the exertion of any act of ownership by the lessor, as entering upon the premises and cutting timber; (iii.) making a lease for years, to commence immediately; (iv.) by lessee's committing waste or any act of desertion, as assigning his estate; or (v.) the death or outlawry of either lessor or lessee.

What have tenancies at will of late been held to be, and what notice to quit is necessary?

Tenancies from year to year, as long as both parties please, especially where an annual rent is reserved.

Six months' notice to quit is necessary, expiring with the current year of the tenancy.

How may a tenancy from year to year be created?

(i.) By express agreement (which may be by parol if the
term do not exceed three years, and two-thirds of a
rack rent is at least reserved), otherwise by deed.
(ii.) By presumption of law, as where the tenant is in posses-
sion of land, paying rent.

For what length of time must a tenancy for one year certain, and so on from year to year, endure?

For two years certain, because the notice to quit cannot be given until the middle of the yearly tenancy, which does not commence till the year certain has expired, and such notice must expire with the current year of the tenancy.

What are the incidents of a tenancy from year to year?

(i.) Notice to quit, because the tenancy is not determined by death.

(ii.) Waste generally, either voluntary or permissive, except in the case of a house, when the tenant seems merely liable to keep it wind and water tight.

What is an estate at sufferance?

When one comes into possession of land by lawful title, but

keeps it afterwards without any title at all, as in the case of a lessee holding over after the determination of the lease.

It may be remembered that no one can be tenant at sufferance as against the sovereign, because the Crown cannot be guilty of laches.

How can a tenant at sufferance be got rid of?

By 4 Geo. II. c. 28, after demand made and notice in writing given by the landlord, the tenant forfeits double the yearly value of the lands, and by 11 Geo. II. c. 19, if the tenant gives notice to quit, and holds on after the expiration of such notice, double the yearly rent. See also 1 & 2 Vict. c. 74, and 19 & 20 Vict. c. 108, s. 50.

CHAPTER VI.

OF ESTATES UPON CONDITION.

What is an estate upon condition, and how are such estates divided?

An estate upon condition, which may or may not be freehold, is of two sorts: (i.) on condition implied: (ii.) expressed.

What is an estate upon condition implied?

Where a grant of an estate has from its essence and constitution a condition inseparably annexed to it though none be expressed in words, as, a grant to a man of an office generally.

What is an estate upon condition expressed?

Where an express qualification or condition is annexed to the grant of an estate, on the performance or breach of which condition, either expressed or implied, the estate so granted shall either (i.) commence, (ii.) be enlarged, or (iii.) be defeated.

Distinguish between conditions precedent or subsequent, giving examples.

"Precedent," are such as must happen or be performed before the estate can vest or be enlarged: as where an estate is limited to A. upon his marriage with B. "Subsequent," are such upon the failure or non-performance of which an estate already vested may be defeated: as a grant of an estate in fee simple, reserving a rent; if the rent be not paid it shall be lawful for the grantor to re-enter.

What is an estate created by way of conditional limitation? and distinguish between conditional limitations and estates depending on a condition subsequent.

Where an estate is so expressly confined and limited by the words of its creation that it cannot endure for any longer time than till the contingency happens upon which the estate is to fail, as when land is granted to a man so long as he is parson of Dale; here the estate determines as soon as the contingency happens. In the case of a condition subsequent, the grantor must enter in order to take advantage of the breach.

Can the right of entry on breach of a condition subsequent be reserved in favour of a stranger?

No, it cannot; only in favour of the grantor and his heirs; neither could it until the year 1540 have been assigned; but by 32 Hen. VIII. c. 34, the grantee of the reversion upon a lease for years or for life by indenture, has the same power of re-entry upon breach of the covenants running with the land contained in the lease as the lessor or his heirs.

Under what circumstances are express conditions void?

(i.) If they become impossible at the time of their creation, or afterwards become impossible by the act of God or the feoffor himself; or (ii.) if they be contrary to law; or (iii.) repugnant to the nature of the estate. In the above cases if they be conditions subsequent, the estate becomes absolute in the tenant; not so, naturally, in the case of a void condition precedent, because the

estate can never vest.

What is the effect of a conveyance to A. and his heirs provided he does not alien it? and give the reason for your answer.

The condition is void and A. has a fee simple. The reason is that such a condition is repugnant to the nature of a fee simple estate, which A. has by the grant vested in him.

What are estates held in vadio, in gage or pledge, and how may they be subdivided?

Estates in vadio, or in pledge, are estates granted as a security for money lent, being (i.) in vivo vadio, in living gage, where the profits of the land are granted till a debt is paid, upon which payment the grantor's estate will revive. (ii.) In mortuo vudio, in dead or mortgage, which is, when a man borrows of another a certain sum, an estate is granted either in fee or for a less period on condition to be void at a day certain, if the grantor then repays the money borrowed with interest, on failure of which the estate becomes absolutely dead to the grantor. A proviso or contract that if the money be repaid on the particular day the mortgagee should then at the request of the mortgagor reconvey the property mortgaged is now substituted for the conditions defeating the estate granted.

What is the nature of the interest of a mortgagor in the mortgaged property, and under what circumstances may he lose that interest, other than by sale of the property by the mortgagee or foreclosure and give the Act.

It is an equitable estate, and is called the mortgagor's equity of redemption. It may be forfeited by mortgaging a second time without giving notice of the prior mortgage (4 & 5 Wm. & M. c. 16), and also by allowing the mortgagee to remain in possession or receipt of the rent or profits of the land mortgaged for twelve years without acknowledging his title in writing. (37 & 38 Vict. c. 59.)

What is an equity of redemption, and how is it obtained?

It is a right the mortgagor has to redeem his mortgaged estate upon payment of the principal, interest, and cost of the mortgage. It is obtained in Chancery by calling upon the mortgagee to reconvey upon the above terms; or, if he is in possession, that an account may be taken as to rents and profits and the mortgage money and expenses, and that upon payment of the balance, if any, the mortgagee may reconvey.

What is meant by the term "foreclosure"?

Foreclosure is the right which the mortgagee has to retain the mortgaged estate in default of payment for ever as against the mortgagor when the debt has remained unpaid for an unreasonable time, or the mortgagor has been guilty of fraud, as mortgaging his property twice over; or the estate may be sold.

Within what time may a mortgagor redeem his estate?

Within twelve years after the mortgagee has obtained possession or the receipt of the rents and profits, or a written acknowledgment of the mortgagor's right by the mortgagee, or from payment of any principal or interest, if in possession. See 37 & 38 Vict. c. 57, s. 8.

It may be here noticed that the mortgagee has only twelve years to sue on the covenant: Sutton v. Sutton, 22 Ch. D. 511.

What are estates held by statute merchant and statute staple ? They are both securities for debts acknowledged to be due, the former, entered into before the chief magistrate of some trading town pursuant to the statute 13 Edw. I. stat. 3, De mercatoribus; the latter pursuant to the statute 27 Edw. III. stat. 2 c., before the mayor of the "Staple." They were only originally permitted amongst traders. The lands were delivered to the creditor till the profits discharged the debt, in addition to the trader being imprisoned and his goods seized.

What is an estate of elegit?

It is a writ founded on the 13 Edw. I. c. 18 (Statute of Elegit), whereby after the plaintiff had obtained judgment for his debt the sheriff used to give him possession of a moiety of the defendant's freehold lands and tenements, to be held until the debt and damages were fully paid. The creditor was called a teuant by elegit, and by 1 & 2 Vict. c. 110, the whole of the debtor's lands can now be taken.

CHAPTER VII.

ESTATES IN POSSESSION, REMAINDER, AND REVERSION.

What are estates with respect to the time of their enjoyment, and how are they subdivided?

They are either (1) in immediate possession or (2) expectancy, and of the latter there are two kinds, (i.) one created by the act of parties, called a remainder, (ii.) by act of law, and called a

reversion.

What is an estate in possession?

It is sometimes called an estate executed, "whereby a present interest passes to and resides in the tenant, not depending on any subsequent circumstance or contingency," as in the case of estates executory. It does not mean that the owner has the actual but only the legal possession.

What is an estate in reversion, and what the usual incidents?

The residue of an estate left in the grantor to commence in possession after the determination of some particular estate granted by him; as, if there be a gift in tail, the reversion of the fee is without any special reservation vested in the donor by act of law. To which are incident (i.) fealty, and (ii.) rent, but the latter is not necessarily incident to the reversion.

What is the particular estate?

It is the precedent estate to the reversion,-so called as being only a small part or particula of the inheritance.

What do you know of the law of merger? Are there any excep

tions?

When a less and a greater estate limited subsequently meet in one and the same person in the same right without any intermediate estate intervening, the less is said to be merged in the greater.