The feudal system recognized no estate less than freeholds. Interests less than freeholds might be created by contract, but originally in case of the breach of such a contract there could only be a suit for damages, and not an action to recover possession. Later the law began to protect the possession of those holding less than a freehold. The writ of ejectment which was originally only used in the case of estates less than freehold, has now become (in most states) the only method of trying the right of title to real property.

The four species of estates less than freehold are estates for years, estates at will, estates from year to year and estates at sufferance. Tenancies at will still exist in the two following classes of cases; 1. Where the land is leased for an indefinite period without any reservation of rent. 2. Where rent is reserved, but it is expressly agreed that the tenancy is to be a tenancy at will.