Handbook of the Law of Real Property

Front Cover
West Publishing Company, 1914 - 997 pages
 

Contents

Personal or Chattel Interests in Land
24
CHAPTER III
25
Rules for Determining Fixtures 2637
26
Time of Removal 3839
38
Severance of Fixtures 3940
39
CHAPTER IV
41
Feudalism 4447
44
Tenure 4755
47
Seisin 5556
55
PART II
57
Estate Defined
59
Quantity of Estates 6061
60
Estates in Fee Simple 6162
61
Creation 6265
62
Right of User 6566
65
Allenation 6667
66
CHAPTER VI
68
Classification of Estates Tail 7273
72
Creation of Estates Tail 7476
74
Incidents of Estates Tail 7677
76
The Barring of Estates Tail 7780
77
Tenant in Tail after Possibility of Issue Extinct
81
Quasi Entail
83
CHAPTER VII
84
Creation of Life Estates 8587
85
Incidents of Life Estates 8890
88
Rights and Liabilities of Life Tenant 90100
90
Termination of Life Estates 100101
100
CHAPTER VIII
102
Estate During Coverture 103106
103
Curtesy 106110
106
Estates Subject to Curtesy 110113
110
Incidents 113114
113
How Defeated 115117
115
Statutory Changes
117
Dower 118123
118
Estates Subject to Dower 123132
123
Assignment of DowerQuarantine 132135
132
Procedure in Assignment 135136
135
Actions to Compel Assignment 136141
136
Incidents of Dower 141143
141
How Barred 143157
143
Section
150
Statutory Changes 157158
157
BUBD REAL PROP ix
159
CHAPTER X
184
Relation of Landlord and Tenant
193
Transfer of Estates for Years
219
CHAPTER XI
228
Renting Land on Shares
241
CHAPTER XII
249
Incidents of Joint Estates
265
Partition
273
CONDITIONAL OR QUALIFIED ESTATES
280
CHAPTER XIV
294
ESTATES IN EXPECTANCY
342
141
348
145
355
150
372
155
379
Section THE RULE AGAINST PERPETUITIES Page 161 The Rule Stated 386391
386
Exceptions to the Rule 391400
391
Rule Against Accumulations 400401
400
B RIGHTS IN THE LAND OF OTHERS CHAPTER XVII
402
Easement Defined 403405
403
Classification of Easements 405408
405
Creation of Easements
408
By Prescription 411413
411
Incidents of Easements 414416
414
Termination of Easements 416419
416
Particular Easements
419
Highways 422425
422
Light and Air 425427
425
Lateral and Subjacent Support 427429
427
Party Walls 429433
429
Water Rights 433440
433
Profits à Prendre 441444
441
Rents 444449
444
Franchises 449453
449
PART III
454
Nature and Definition 458461
458
Parties to a Mortgage
461
Form of Mortgages 463476
463
Consideration of Mortgages 477479
477
Rights and Liabilities of Mortgagor and Mortgagee
479
MORTGAGES Continued B PRIORITY AND NOTICE 198 The Doctrine Stated
503
Notice by Possession 520522
520
Notice by Lis Pendens 522523
522
CHAPTER XX
524
Effect of Tender 529530
529
Payment by Third Person Subrogation 531533
531
By Merger 533536
533
By Redemption 536544
536
Form of Release of Mortgages 544545
544
Foreclosure 545550
545
Form of Remedy 550565
550
Statutory Right of Redemption 565566
565
CHAPTER XXI
567
Judgment Liens 576580
576
Other Liens 580582
580
PART IV
583
Acquisition of Land by Private Persons
588
Public Grant 589599
589
Accretion 599601
599
Private Grant
601
CommonLaw Conveyances 602610
602
Conveyances under Statute of Uses 610613
610
Modern Conveyances 613615
613
Transfers of Registered Titles 615619
615
Title by Estoppel
619
Section Page 229 Adverse Possession 629646
629
Against whom Possession is Adverse 646647
646
Interest or Estate Acquired
648
CHAPTER XXIII
650
Extent of Title
651
Title by Descent
659
CHAPTER XXIV
675
Execution Sales 676677
676
Conveyances under Judicial Orders or Decrees 677679
677
Conveyances by Statutory or Judicial Permission 679682
679
Tax Titles
682
Eminent Domain 689692
689
CHAPTER XXV
693
Restraints Imposed in Favor of Creditors 696700
696
Restraints Imposed in Favor of Subsequent Purchasers 700701
700
Restraints Imposed in Creation of Estate 702704
702
Restraints Imposed by Federal Bankrupt Act
705
Persons of Unsound Mind
706
Infants 708710
708
Married Women 710711
710
Aliens 711712
711
Corporations 712713
712
Capacity to Take Title 713717
713
CHAPTER XXVI
718
Powers of Appointment 721726
721
Classification of Powers of Appointment as to Estate of the Donee 726727
726
Classification of Powers of Appointment as to the Appointees 728730
728
Classification of Powers of Appointment as to Duty of Execution
730
Extinguishment of Powers 731732
731
Section Page 277 Rights of Creditors
733
Execution of Powers 734740
734
Fraudulent Appointments 740741
740
Codification of Powers
742
CHAPTER XXVII
743
Requisites of Deeds 745750
745
Formal Parts of Deeds 750754
750
Description of Property Conveyed 755766
755
The Habendum Tenendum and Conclusion 766774
766
Attestation of Deeds 774775
774
Acknowledgment of Deeds 775779
775
Recording of Deeds 779780
779
Delivery and Acceptance of Deeds 780786
780
CHAPTER XXVIII
787
Condition or Covenant 790792
790
Building Restrictions 792793
792
Remedies for Breach of Condition 793796
793
Covenants in General 796801
796
Modern Covenants of Title 801802
801
Covenant of Seisin 802804
802
How Broken 804806
804
Covenant of Right to Convey 806807
806
Covenant against Incumbrances 807810
807
Covenant for Quiet Enjoyment 810811
810
Covenant of Warranty
811
Special Warranty 812819
812
CHAPTER XXIX
820
Duty of Attorney in Examining Abstracts 824825
824
TABLE OF CASES CITED Page 827
827
INDEX Page 933
933

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Common terms and phrases

Popular passages

Page 297 - Its most important provision (cl. 1) laid down that where any person or persons stand, or be seised, or at any time hereafter shall happen to be seised, of and in any honours, castles, manors, lands, tenements, rents, services, reversions, remainders or other hereditaments...
Page 399 - Every future estate shall be void in its creation, which shall suspend the absolute power of alienation, by any limitation or condition whatever, for a longer period than during the continuance of [not more than two] lives in being at the creation of the estate...
Page 373 - Thus, if the land be limited to the use of A. for life, remainder to the use of the oldest son of B.
Page 359 - A contingent remainder is a remainder limited so as to depend on an event or condition which may never happen or be performed, or which may not happen or be performed till after the determination of the preceding estate...
Page 298 - ... to all intents, constructions, and purposes in the law, of and in such like estates, as they had or shall have in use, trust, or confidence of or in the same...
Page 369 - Rule in Shelley's case (a). This rule is propounded in Lord Coke's Reports in the following form — that wherever a man, by any gift or conveyance, takes an estate of freehold, and in the same gift or conveyance, an estate is limited, either mediately or immediately, to his heirs in fee or in tail, the word heirs is a word of limitation, and not of pnrchase(b).
Page 403 - A right in the owner of one parcel of land, by reason of such ownership, to use the land of another for a special purpose not inconsistent with a general property in the owner.
Page 377 - Church in Brattle Square v. Grant, 3 Gray (Mass) 142, 63 Am Dec 725; Woodruff Oil & Fertilizer Co.
Page 350 - A remnant of an estate in land, depending upon a particular prior estate created at the same time and by the same instrument and limited to arise immediately on the determination of that estate and not in abridgment of it.
Page 297 - That where any person or persons stand or be seised, or at any time hereafter shall happen to be seised, of and in any honours, castles, manors, lands, tenements, rents, services, reversions, remainders or other hereditaments, to the use, confidence or trust of any other person or persons, or of any body...

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