The Law of Real Property and Other Interests in Land, Том 1

Предна корица
Keefe-Davidson Company, 1903
 

Съдържание

ESTATES
36
Mechanics liens 1297
42
Incidents of estate
51
Judgment liens 1304
56
75
56
ESTATES LESS THAN FREEHOLD
56
35
56
Lease and contract for lease
89
46
106
Distinguished from assignment
114
Estoppel to deny landlords title
121
Termination of estate
130
Character of title acquired 1063
131
Merger
133
55
140
59
147
Conditions in general
157
445
159
Construction of conditions
165
Waiver of condition
171
Performance of conditions
173
74
180
171
190
Determinable base or qualified fees
192
DEDICATION
194
The nature of dedication 971
196
The power to appropriate 1068
199
CHAPTER XXXVI
201
Mode of dedication 973
205
PERSONAL DISABILITIES AS TO THE TRANSFER OF LAND
212
TRUSTS
216
The nature of a trust
217
General considerations 1278
237
Acceptance 976
244
Effect of dedication 978
245
EQUITABLE CONVERSION
253
CHAPTER XXII
255
The equitable doctrines 1075
258
Infants 1147
260
INTERESTS ARISING UNDER CONTRACTS OF SALE
264
General considerations 982
268
Rights by way of escheat
274
The particular estate
278
Character of estate
279
Relaxation of commonlaw requirements
281
Vested and contingent remainders distinguished
282
Provision for death of remainderman
285
Happening of contingency
286
Uncertainty of enjoyment immaterial
288
Presumption in favor of vesting
289
Remainders to a class
291
The failure of contingent remainders
292
Effect of precedent term
294
By destruction of particular estate
295
REGISTRATION OF TITLE
296
Statutory provisions
297
Trustees to preserve
298
Title pending contingency
299
Alternative remainders
300
Remainders to issue of unborn persons
302
Surviving consort as heir 981
303
Cy pres doctrine
304
The transfer of remainders
305
THE RULE IN SHELLEYS CASE 130 The nature of the rule
308
Estates and interests subject to the rule
311
The rule not one of construction
313
Abolition of the rule
316
EXECUTORY INTERESTS
317
Future uses
318
Future devises
322
Uses by way of remainder
325
Devises by way of remainder
326
Changing effect of limitation
327
Limitations on failure of issue
329
Power of disposition in first taker
330
Construction in favor of vesting
333
Gifts to a class
335
Alternative limitations
337
Cross limitations
338
Failure of preceding limitation
339
Failure of executory limitation
340
Transfer of executory interests
341
STATE STATUTORY ESTATES 150 Statutes dispensing with a particular estate
343
THE RULE AGAINST PERPETUITIES 152 The nature of the rule
344
The purpose of the legislation 1101
345
Illustrations of the rule
348
The period allowed for vesting
349
Interests subject to the rule
352
Limitations after estates tail
356
Effect of remoteness of contingency
358
Separation of limitations
359
Charities
361
Accumulations
363
Statutory modifications of rule
365
CHAPTER VII
368
The general nature of concurrent ownership
370
The doctrine of survivorship
372
Termination
373
Joint tenancy regarded with disfavor
374
Tenancy in common
376
Creation
377
Termination
378
Tenancy by entireties
379
Effect of modern statutes
381
Termination
383
Partnership property
386
Ouster of cotenant
389
Accounting by cotenant
391
Contracts and conveyances by cotenant
393
COVENANTS FOR TITLE
394
Contribution as between cotenants
396
Acquisition of adverse title
398
The measure of damages
400
Actions by cotenants
401
Voluntary partition
403
THE HUSBANDS RIGHTS DURING COVERTURE
409
Judgment or decree
483
CHAPTER XXVII
485
Equitable estates and interests
492
Adultery
498
CHAPTER IX
513
ANIMALS AND FISH
514
222
519
VEGETABLE PRODUCTS OF THE EARTH
521
Succession on death of owner
525
Liability for debts
527
FIXTURES AND IMPROVEMENTS
535
236
543
242
553
ADVERSE POSSESSION OF LAND
558
Rights as determined by the quantum of estate
559
General considerations 996
560
Mode of cultivation
566
255
573
Waste by cotenant
579
FENCES
587
Navigable nontidal streams
593
Animals
600
PART III
603
Commonlaw powers
605
Powers of agency
606
Statutory powers
607
Equitable powers
609
Powers of appointment
610
Discretion as to executionPowers in trust
611
Powers coupled with an interest
612
Creation of powers
615
Scope of the power
616
Exclusive and nonexclusive powers
617
Powers of sale and exchange
618
Who may execute a power
619
Administrator cum testamento annexo
621
In case of joint donees
622
Death of joint donee
624
Mode of execution
626
Showing as to intent to execute
627
Time of execution
631
Conditions of execution
633
Excessive execution
634
Defective executionAider in equity
635
Illusory appointments
637
Fraud on powers
638
Gifts in default of execution
639
The extinguishment of powers
640
Appointed property as assets
643
State statutory systems
644
The rule against perpetuities applied to powers
646
CHAPTER XI
649
CHAPTER XII
676
1049
694
Express grant
700
Reservations and exceptions
703
Duration and continuity of possession 998
704
Implied grant or reservation
705
Easements of necessity
713
Prescription
716
Estoppel
717
RIGHTS OF USER 321 Easements created by grant
718
Rights of way
719
Ways of necessity
721
Easements created by prescription
722
Change in dominant tenement
723
Repairs and alterations
725
Party walls
726
Interference with user
728
EXTINCTION OF EASEMENTS
731
Cessation of purpose of easement
732
Change in dominant tenement
733
Unity of title
734
Express release
735
Adverse user of land
737
Executed license
738
In favor of innocent purchaser
739
CHAPTER XIII
740
Rights of common
741
Rights in gross and appurtenant
742
Rights of pasture
743
Mineral rights
744
Miscellaneous rights
745
The acquisition of rights
746
Apportionment and extinguishment
747
CHAPTER XIV
749
The running of benefits
751
The running of burdens
752
Privity of estate
754
The nature of the covenant
757
Party wall agreements
758
The running of the benefit
760
CHAPTER XV
762
Character of agreement
764
Notice
766
Purchasers under common plan
767
Defenses to enforcement
769
CHAPTER XVI
771
The nature of rent
772
Things from which rent may issue
774
Classes of rents
775
Rents as real or personal property
778
Place and time of payment
779
Transfer of rights and liabilities
780
THE TRANSFER OF A MORTGAGE
782
Apportionment as to time
783
Apportionment as to amount
784
Extinguishment or suspension of rent
788
Termination of leasehold interest
790
Action of covenant
797
CHAPTER XXXVII
804
CHAPTER XVII
806
Rights of abutting owners
814
Rights of navigation
826
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Страница 233 - A charity, in the legal sense, may be more fully defined as a gift, to be applied, consistently with existing laws, for the benefit of an indefinite number of persons, either by bringing their minds or hearts under the influence of education or religion, by relieving their bodies from disease, suffering or constraint, by assisting them to establish themselves in life, or by erecting or maintaining public buildings or works or otherwise lessening the burdens of government.
Страница 238 - that nothing was better established than this principle, that money directed to be employed in the purchase of land, and land directed to be sold and turned into money, are to be considered as that species of property into which they are directed to be converted...
Страница 773 - But when the party by his own contract creates a duty or charge upon himself, he is bound to make it good, if he may, notwithstanding any accident by inevitable necessity, because he might have provided against it by his contract.
Страница 198 - And therefore on a feoffment to A and his heirs, to the use of B and his heirs...
Страница 745 - It is said that, the covenant being one which does not run with the land, this court cannot enforce it; but the question is, not whether the covenant runs with the land, but whether a party shall be permitted to use the land in a manner inconsistent with the contract entered into by his vendor and with notice of which he purchased.
Страница 253 - An estate in reversion is the residue of an estate left in the grantor, to commence in possession after the determination of some particular estate granted out by him.
Страница 660 - But a license to hunt in a man's park, and carry away the deer killed to his own use; to cut down a tree in a man's ground, and to carry it away the next day after to his own use, are...
Страница 220 - Express trusts may be created for any of the following purposes: 1. To sell real property, and apply or dispose of the proceeds in accordance with the instrument creating the trust. 2. To mortgage or lease real property for the benefit of annuitants or other legatees, or for the purpose of satisfying any charge thereon.
Страница 208 - June [1677] all declarations or creations of trusts or confidences of any lands, tenements, or hereditaments, shall be manifested and proved by some writing signed by the party who is by law enabled to declare such trust, or by his last will in writing, or else they shall be utterly void and of none effect.
Страница 281 - That a contingent remainder, existing at any time after the 31st day of December, 1844, shall be, and, if created before the passing of this act, shall be deemed to have been, capable of taking effect, notwithstanding the determination, by forfeiture, surrender, or merger, of any preceding estate of freehold in the same manner, in all respects, as if such determination had not happened.

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