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

Front Cover
Keefe-Davidson Company, 1903
 

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Contents

The limitation of estates
38
PART VI
41
Mechanics liens 1297
42
COVENANTS FOR TITLE
46
In will
49
Incidents of estate
51
Statutory changes
56
Character of the judgment 1306
57
Barring the entail
66
Repairs and improvements
74
Merger of estate
76
Tenancy in tail after possibility of issue
80
General considerations 899
81
Merger
82
Mode of creation
84
Covenant for right to convey 903
91
Right to possession during term
92
Condition and use of premises
98
The measure of damages 912
107
Covenants running with the land
115
EXECUTION OF THE CONVEYANCE 402 Signing 918
121
Character of title acquired 1063
131
Termination of lessors estate
135
Emblements
136
C Tenancy from Year to Year
144
Preemption
152
A Estates on Condition
157
Construction of conditions
165
Performance of conditions
173
21
174
Elopement and adultery of wife
195
CHAPTER V
196
The power to appropriate 1068
199
Rights subject to appropriation 1069
205
TRUSTS
216
Resulting trusts 277
227
Witnesses 923
228
By married woman 925
248
CHAPTER XXII
255
Election against conversion
258
INTERESTS ARISING UNDER CONTRACTS OF SALE
264
THE NATURE AND ESSENTIALS OF A MORTGAGE
268
Failure of executory limitation 349
269
Rights OF REVERTER
272
The particular estate
278
Character of estate
279
Relaxation of commonlaw requirements
281
Vested and contingent remainders distinguished
282
Provision for death of remainderman
285
Happening of contingency
286
Uncertainty of enjoyment immaterial
288
Presumption in favor of vesting
289
Remainders to a class
291
The failure of contingent remainders
293
Effect of precedent term 994
294
By destruction of particular estate
295
REGISTRATION OF TITLE
296
Statutory provisions
297
Trustees to preserve
298
Title pending contingency
299
Alternative remainders
300
Remainders to issue of unborn persons
302
Cy pres doctrine
304
The transfer of remainders
305
THE RULE IN SHELLEYS CASE 130 The nature of the rule
308
Estates and interests subject to the rule
311
The rule not one of construction
313
Abolition of the rule
316
EXECUTORY INTERESTS
317
Future uses
318
Uses by way of remainder
325
Future devises 137 Devises by way of remainder
326
Changing effect of limitation
327
Limitations on failure of issue
329
Destruction by first taker
330
Construction in favor of vesting
333
Gifts to a class
335
Alternative limitations
337
Cross iimitations
338
Failure of preceding limitation
339
Transfer of executory interests
341
STATE STATUTORY ESTATES 150 Statutes dispensing with a particular estate
343
THE RULE AGAINST PERPETUITIES 152 The nature of the rule
344
The purpose of the legislation 1101
345
Illustrations of the rule
348
The period allowed for vesting
349
Interests subject to the rule
352
Limitations after estates tail
356
Effect of remoteness of contingency
358
Separation of limitations
359
Charities
361
Accumulations
363
Statutory modifications of rule
365
CHAPTER VII
368
The general nature of concurrent ownership
370
The general nature of concurrent ownership 370 co co co es ese es eo coes Coco
371
The doctrine of survivorship
372
Termination
373
Joint tenancy regarded with disfavo
374
CLASSES OF CONVEYANCES
375
Tenancy in common
376
Tenancy in common Creation
377
Coparcenary
378
Tenancy by entireties
379
Tenancy by entireties
380
Effect of modern statut
381
Termination
383
General considerations 982
384
Partnership property
386
Ouster of cotenant
389
The recording acts 1077
390
Accounting by cotenant
391
Contracts and conveyances by cotenant
393
Contribution as between cotenants
396
Acquisition of adverse title
398
Actions by cotenants
401
Voluntary partition
403
Compulsory partition 40
404
THE HUSBANDS RIGHTS DURING COVERTURE
410
DOWER
417
0
420
Wild lands
426
Equitable estates
432
Dower in future estates
438
Estoppel to deny husbands title
442
General considerations 1108
444
Effect of avoidance of conveyance
452
Testamentary provision in lieu of dower
458
Dower inchoate
466
Proceedings to compel assignment
478
Abatement of right of action
482
Character of the wifes estate or interest
491
876
495
Joint conveyance
497
Adverse possession
498
The wifes rights during coverture 1
504
Rights of surviving consort
506
Loss of rights
508
Termination of rights
510
Probate homestead
511
Rights of children
512
CHAPTER IX
513
ANIMALS AND FISH
514
Liability for debts
527
Severance from the landSeparate sale 528
528
Formal requisites of sale
530
Border trees
531
Agreements for the division of crops
533
FIXTURES AND IMPROVEMENTS 231 General considerations as to fixtures
535
The intention of the annexor
537
Attachment to the land
538
The character of the thing annexed
540
Agreement as to character of thing annexed
541
Execution by agent 937
542
Rights of purchaser or mortgagee of land
543
SeveranceActual and constructive
544
Conveyance or sale of land
546
Mortgage on land
547
Restrictions on right of removal
550
457
551
Real or personal property
552
Compensation for improvements
553
Part ownership of building
554
MANURE 8 243 Effect of conveyance of land
555
Rights as between landlord and tenant
556
Manure as real or personal property
557
RIGHTS OF USERWASTE
558
Rights as determined by the quantum of estate
559
General considerations as to waste
560
Earth and minerals
561
Trees and timber
563
Estovers
565
Mode of cultivation
566
Injuries to fixtures
567
Equitable waste
569
Tenant without impeachment of waste
570
Permissive waste
571
Remedies for waste
573
The right to the proceeds of waste
578
Waste by cotenant
579
BOUNDARIES 258 Judicial determination
581
Express agreement as to bounier
583
Implied agreement or acquiescence
584
Estoppel to question boundary
586
FENCES 262 The duty to fence
587
Railroad fences
589
LAND UNDER WATER
590
Tide waters
591
Navigable nontidal streams
593
Nonnavigable streams
595
Riparian rights of access
597
Rights as to ice
598
Animals
600
496
602
PART III
603
Commonlaw powers
605
Powers of agency
606
Statutory powers 276 Equitable powers
607
Powers of appointment
609
Discretion as to executionPowers in trust
611
Powers coupled with an interest
612
Creation of powers
615
Scope of the power
616
Exclusive and nonexclusive powers
617
Powers of sale and exchange
618
Who may execute a power
619
Administrator cum testamento annexo
621
In case of joint donees es
622
Death of joint donee
624
Mode of execution
626
Showing as to intent to execute
627
Time of execution
631
Conditions of execution
633
Excessive execution
634
Defective executionAider in equity
635
Illusory appointments
637
Fraud on powers
638
Gifts in default of execution
639
The extinguishment of powers
640
Appointed property as assets
643
State statutory systems
644
The rule against perpetuities applied to powers
646
CHAPTER XI
649
Nonriparian proprietors
661
501
666
Support of land
668
CHAPTER XII
676
Express grant
700
Reservations and exceptions
703
Implied grant or reservation
705
Easements of necessity
713
Prescription 319 Acquisition under statute
716
Estoppel
717
RIGHTS OF USER 321 Easements created by grant
718
Rights of way 19
719
Ways of necessity
721
Easements created by prescription
722
Change in dominant tenement
723
Repairs and alterations
725
Party walls 726
726
Interference with user
728
EXTINCTION OF EASEMENTS
731
Cessation of purpose of easement
732
Change in dominant tenement
733
Unity of title
734
Express release
735
Adverse user of land
737
Executed license
738
In favor of innocent purchaser
739
CHAPTER XIII
740
Rights of common
741
Rights in gross and appurtenant
742
Rights of pasture
743
Mineral rights
744
Miscellaneous rights
745
The acquisition of rights
746
CHAPTER XIV
749
The running of benefits
751
The running of burdens
752
Privity of estate
754
The nature of the covenant
757
Party wall agreements
758
The running of the benefit
760
CHAPTER XV
762
Character of agreement
764
Notice
766
Purchasers under common plan
768
Defenses to enforcement
769
CHAPTER XVI
771
The nature of rent
772
Things from which rent may issue
774
Classes of rents
775
Rents as real or personal property
778
Place and time of payment
779
Transfer of rights and liabilities Covenants to pay rent
780
THE TRANSFER OF A MORTGAGE
782
Apportionment as to time
783
Apportionment as to amount
784
Extinguishment or suspension of rent By release or merger Withholding of possession
788
Termination of leasehold interest
790
Taking land for public use
791
Attachment liens 1314
800
CHAPTER XXXVII
804
CHAPTER XVII
806
Copyright

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Common terms and phrases

Popular passages

Page 233 - 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.
Page 238 - that nothing was 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...
Page 773 - But when the party by his own contract creates a duty or charge upon himself, he is bound to make it good, if he may, notwithstanding any accident by inevitable necessity, because he might have provided against it by his contract.
Page 198 - And therefore on a feoffment to A and his heirs, to the use of B and his heirs...
Page 745 - It is said that, the covenant being one which does not run with the land, this court cannot enforce it; but the question is, not whether the covenant runs with the land, but whether a party shall be permitted to use the land in a manner inconsistent with the contract entered into by his vendor and with notice of which he purchased.
Page 253 - An estate in reversion is the residue of an estate left in the grantor, to commence in possession after the determination of some particular estate granted out by him.
Page 660 - But a license to hunt in a man's park, and carry away the deer killed to his own use; to cut down a tree in a man's ground, and to carry it away the next day after to his own use, are...
Page 220 - Express trusts may be created for any of the following purposes: 1. To sell real property, and apply or dispose of the proceeds in accordance with the instrument creating the trust. 2. To mortgage or lease real property for the benefit of annuitants or other legatees, or for the purpose of satisfying any charge thereon.
Page 208 - June [1677] all declarations or creations of trusts or confidences of any lands, tenements, or hereditaments, shall be manifested and proved by some writing signed by the party who is by law enabled to declare such trust, or by his last will in writing, or else they shall be utterly void and of none effect.
Page 281 - That a contingent remainder, existing at any time after the 31st day of December, 1844, shall be, and, if created before the passing of this act, shall be deemed to have been, capable of taking effect, notwithstanding the determination, by forfeiture, surrender, or merger, of any preceding estate of freehold in the same manner, in all respects, as if such determination had not happened.

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