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Estates in Land

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Estate

legal term used to define the degree of a person’s ownership interest in property.

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Duration of an Estate Freehold estates Nonfreehold estate or leasehold

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Quality of an Estate Fee simple absolute Conditional estate

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Estate’s Time of Enjoyment Present interest Future interest

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Owners Ownership in severalty Joint tenancy Tenancy in common Community property

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FREEHOLD ESTATES

Fee Simple Absolute Estate

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FREEHOLD ESTATES

Fee Simple Defeasible Estates

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FREEHOLD ESTATES Determinable Estates before 1983

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FREEHOLD ESTATES

Fee Simple Subject to Condition Subsequent

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FREEHOLD ESTATES

Life Estate

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FREEHOLD ESTATES Contingent Life Estates

Rights & Duties of Life Tenant Rule against Perpetuities

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NONFREEHOLD ESTATES Nature of Tenancy

Leasehold Comparison to Other Relationships Importance of Differentiation

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Eviction Procedure Strict adherence required 3 days notice Unlawful detainer court action Eviction by sheriff

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Leasehold Types Estate for Years Periodic Tenancy Tenancy at Will Tenancy at Sufferance

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Advantages of a Written Lease Informal oral agreement is perfectly

valid, binding, and enforceable.

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Advantages of a Written Lease Lease term greater than one year

must be in writing.

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Advantages of a Written Lease Easier proof at trial.

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Advantages of a Written Lease Screening technique to eliminate

unworthy tenants.

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