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Section 27. Estates From Year To Year |
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This section is from the book "Popular Law Library Vol6 Real Property, Abstracts, Mining Law", by Albert H. Putney. Also available from Amazon: Popular Law-Dictionary.
A tenancy from year to year is practically a form of the tenancy at will, out of which it grew. This tenancy differs from the tenancy at will in that while the latter can be terminated at any time, this tenancy can only be terminated at certain periodic periods. Whether a tenancy of this character shall be construed as a tenancy from year to year, or one from month to month will depend upon the character and use of the property and the reservation of the rent. Whatever the term may be which is thus taken as the unit, as it were, of the term of possession, if the tenant holds over from one of such periods into another he is entitled to possession till the completion of such new period.
Buchanan vs. Whitman, 151 N. Y.. 253; 45 N. E., 556. 15 Condon vs. Brockway, 157 111., 90; 41 N. E., 634. '
16 Brown vs. Cairus, 63 Kan., 584;
66 Pac, 639. 17 Peters vs. Balke, 170 111., 304;
48 N. E., 1012.
 
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