I. Estates of Freehold.

(A) Estate in Fee Simple.

Sec. 20. Nature of estate

21. Words of limitation.

(a) In conveyance inter vivos.

(b) In will. Sec. 22. Incidents of estate.

(B) Estate in Fee Tail.

Sec. 23. Origin and history.

24. Statutory changes.

25. Classification.

26. Words of limitation.

27. Things in which the estate may exist.

28. Barring the entail.

29. Incidents of estate.

30. Succession on death of tenant.

(C) Life Estate.

Sec. 31. Nature of estate.

32. Creation of estate.

33. Incidents of estate.

34. Merger.

35. Estate pur auter vie-Succession on owner's death.

36. Tenancy in tail after possibility of issue extinct.

II. Estates Less than Freehold.

(A) Estate for Years.

Sec. 37. Nature of estate.

38. Origin and history.

39. Usually created by lease.

40. Relation of landlord and tenant.

41. Attornment as tenant.

42. Necessity of written lease.


(a) Statutory provisions.

(b) Short time leases.

(c) Effect of non compliance with statute. Sec. 43. Lease and contract for lease.

44. Entry by lessee.

45. Certainty of term.

46. Possessory rights of the tenant.

47. Licensee distinguished from tenant.

48. "Cropper" distinguished from tenant.

49. Covenants.

(a) Express and implied.

(b) Of quiet enjoyment and power to demise.

(c) Dependent and independent covenants. Sec. 50. Lessor's obligation to give possession.

51. Condition and use of premises.

(a) Condition at commencement of term.

(b) Mode of use by tenant.

(c) Repairs.

(d) Injuries from defective condition. Sec. 52. Reservation of rent.

53. Transfer of reversion.

(a) By voluntary act.

(b) By operation of law.

(c) Subsequent lease by landlord.

(d) Transferor's rights and liabilities.

(e) Transferee's rights and liabilities. Sec. 54. Assignment of term.

(a) Right to assign.

(b) Form of assignment.

(c) By operation of law.

(d) Assignor's rights and liabilities.

(e) Assignee's rights and liabilities. Sec. 55. Sublease.

(a) Distinguished from assignment.

(b) Effect.

Sec. 56. Running of covenants with the land.

(a) Statutory provisions.

(b) Character of the covenant.

(c) Character of the transfer.

(d) Assignee's entry unnecessary.

(e) Partial transfer.

(f) Covenants as to things not in esse.

(g) Breaches prior to transfer. (h) Reassignment.

(i) Running of covenant on death. Sec. 57. Estoppel to deny landlord's title.

(a) General considerations.

(b) In particular actions.

Real Property.

[ Sec. 20

(c) As resulting from attornment.

(d) Duration of the estoppel.

(e) Showing expiration of title. Sec. 58. Eviction.

(a) Under paramount title.

(b) By landlord.

(c) Effect of eviction. Sec. 59. Termination of estate.

(a) Expiration of term.

(b) Special limitation.

(c) Option to terminate.

(d) Surrender.

(e) Merger.

(f) Forfeiture.

(g) Termination of lessor's estate. (h) Destruction of premises.

(B) Tenancy at Will.

Sec. 60. Nature of tenancy

61. Creation of tenancy.

(a) Permissive possession.

(b) Lease not naming duration.

(c) Lease at will of one party.

(d) Tacit acquiescence in another's possession. Sec. 62. Termination of tenancy.

(a) By act of landlord.

(b) By act of tenant.

(c) By death of party.

(d) By transfer.

.(e) By special limitation. (f) Tenant's rights on termination.

(C) Periodic Tenancies.

Sec. 63. Tenancy from year to year

64. Creation of tenancy.

(a) By express language.

(b) By inference on general letting. Sec. 65. Quarterly, monthly and weekly tenancies.

66. Transfer of interest.

67. Termination of tenancy.

(D) Tenancy at Sufferance-Tenant Holding Over..

Sec. 68. Nature of tenancy at sufferance.

69. Landlord's option as to tenant holding over.

70. Pecuniary liability of tenant holding over.

71. Recovery of possession.

72. Forcible resumption of possession.

73. New tenancy by agreement.

III. Estates Subject To Contingencies.

(A) Estates on Condition.

Sec. 74. Conditions in general.

75. The nature of conditions precedent.

76. The nature of conditions subsequent.

77. Conditions expressed and implied.

78. Creation of estates on condition.

79. Construction adverse to conditions.

80. Construction of conditions.

81. Void conditions.

(a) Effect of invalidity.

(b) Impossible conditions.

(c) Illegal conditions.

(d) Conditions in restraint of marriage.

(e) Repugnant conditions. Sec. 82. What constitutes breach.

(a) Substantial performance sufficient.

(b) Time of performance.

(c) Previous demand for performance.

(d) Ignorance of condition. Sec. 83. Waiver of condition.

84. Election against forfeiture.

(a) Effect.

(b) What constitutes. Sec. 85. Mode of enforcing forfeiture.

86. Persons entitled to enforce forfeiture.

(a) Common law rule.

(b) Transferability of right.

(c) Right passing with reversion. Sec. 87. Effect of enforcement of forfeiture.

88. Relief against forfeiture.

89. Conveyances in consideration of support.

(B) Estates on Special Limitation.

Sec. 90. Nature of special limitation.

91. Words appropriate to special limitation.

92. Particular estates subject to special limitation.

93. Determinable, base, or qualified fees.

I (A) Estate in Fee Simple.