Handbook of the Law of Real Property (Google eBook)

Front Cover
West Publishing Company, 1914 - Real property - 997 pages
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Contents

Personal or Chattel Interests In Land
24
CHAPTER in FIXTURES 14 Defined
25
Rules for Determining Fixtures 2637
26
Time of Removal 3839
38
Severance of Fixtures 3940
39
CHAPTER IV
41
Feudalism 4447
44
Tenure 4755
47
A OWNERSHIP
57
CHAPTER XVI
66
CHAPTER VI
68
Creation of Estates Tall 7476
74
Seisin S66
80
Bubd Real Pbop tx
81
Incidents of Life Estates 8890
88
Termination of Life Estates 100101
100
Curtesy 106110
106
DO Incidents 113114
113
Estates Subject to Dower 123132
123
Assignment of DowerQuarantine 132135
132
Incidents of Dower 141143
141
Section
150
Statutory Changes 157158
157
Section HOMESTEADS Page 61 A Statutory Exemption
159
S3 Who Entitled to Homestead 161163
161
How Acquired 163166
163
In What Estates or Interests 166168
166
6 Amount Extent and Value of Exemption
168
Selection of Homestead 169171
169
Change of Homestead 171172
171
Alienation or Mortgage of Homestead 1721741
172
Loss of Homestead 174178
174
Enforceable Debts 179181
179
Federal Homestead 181183
181
CHAPTER X
184
74 Creation of Estates for Years
187
11 Leases 192197
192
Rignts and Liabilities of Landlord and Tenant 198204
198
Under Implied Covenants 204208
204
Independent of Covenants 20S216
206
Transfer of Estates for Years 217220
217
Termination of Estates for Years 220227
220
CHAPTER XI
228
Incidents 230231
230
Termination 231232
231
Tenancies from Year to Year
232
Creation 233235
233
Incidents
236
Tenancies at Sufferance
238
IS Incidents
240
Renting Land on Shares 241243
241
6 Letting of Lodgings 243244
243
7 Licenses 244246
244
IS Revocation of Licenses 246248
246
CHAPTER XII
249
Joint Tenancies 250254
250
Estates in Coparcenary 254255
254
Estates In Entirety 255258
255
Tenancies In Common 258260
258
Partnership Realty 260262
260
Joint Mortgagees 262263
262
Incidents of Joint Estates 263272
263
Partition 272277
272
Section Page 277 Rights of Creditors 733
274
Community Property 277279
277
Sectlon CONDITIONAL OR QUALIFIED ESTATES pRgm 110 Estates as to Quality 280281
280
Estates upon Condition 281284
281
Void Conditions 284285
284
Termination of Conditional Estates 285287
285
Who may Enforce Forfeitures 287288
287
Estates upon Limitation 288289
288
Estates upon Conditional Limitation
290
CHAPTER XIV
294
UsesDefinition 295296
295
The Statute of Uses 297298
297
Restrictions upon the Operation of the Statute 299302
299
Origin of Trusts
302
Classification of Trusts 393304
304
Implied Trusts
305
Creation of Express Trusts 307316
307
Nature of Implied Trusts 317326
317
Incidents of Equitable Estates 327332
327
Charitable or Public Trusts 333341
333
CHAPTER XV
342
Reversions
343
At Common Law Remainders 318353
348
Acceleration of Remainders 353354
353
Successive Remainders
354
Alternate Remainders 355356
355
Vested Remainders 356358
356
Contingent Remainders 359363
359
Destruction of Contingent Remainders 3H4366
364
Rule in Shelleys Case 367371
367
Under the Statute of Uses Future Uses 372373
372
Taking Effect as Remainders
373
Springing Uses
374
Under the Statute of Wills Executory Devises 375379
375
Incidents of Future Estates 3793S0
379
Tenure of Future Estates
380
Protection of Future Estates 3S1382
381
Alienation of Future Estates 383384
383
Devise of Future Estates
384
Descent of Future Estates
385
Section THE RDliB AGAINST PERPErUITIES p 161 The Rule Stated 386391
386
IS2 Estates and Interests Subject to the Rule
391
Particular Easements
419
Highways 422425
422
Light and Air 425427
425
Lateral and Subjacent Support 427429
427
Party Walls 429433
429
Water Rights 433440
433
ISO Profits a Prendre 441444
441
Rents 444449
444
Franchises 449453
449
PART III
454
Nature and Definition 458461
458
Parties to a Mortgage
461
Form of Mortgages 463476
465
Consideration of Mortgages 47747
477
Rights and Liabilities of Mortgagor and Mortgagee
479
19L Possession and Use of Mortgaged Premises 481483
481
Accounting by the Mortgagee 4S3486
483
Insurance and Taxes 486490
486
Repairs and Improvements 490491
490
Injuries to the Premises 491492
491
Sale of the Mortgaged Property 492497
492
Assignment of Mortgages 497602
497
CHAPTER XIX
499
MORTGAGES Continued B PB10B1TT AND NOTICE 198 The Doctrine Stated IM
503
Notice by Recitals In Deeds 519520
519
Notice by Possession 520522
520
Notice by Lis Pendens 522523
522
CHAPTER XX
524
Effect of Tender 529530
529
Payment by Third PersonSubrogation 531533
531
By Merger 533536
533
By Redemption 036544
541
Form of Release of Mortgages 544545
544
Foreclosure 545550
545
21L Form of Remedy 550565
550
Statutory Right of Redemption 665666
553
CHAPTER XXI
567
Judgment Liens 576680
576
Other Liens 6SO582
580
PART IV
583
Acquisition of Land by Private Persons
588
Accretion 699601
601
12S CommonLaw Conveyances 602610
602
Conveyances under Statute of Uses 610613
610
Modern Conveyances 613615
613
Transfers of Registered Titles 615619
615
Title by Estoppel
619
Section Page 229 Adverse Possession 629646
629
Against whom Possession Is Adverse 646647
646
Interest or Estate Acquired
648
CHAPTER XXIII
650
Extent of Title
651
Title by Descent
659
CHAPTER XXIV
675
Execution Sales 676677
676
Conveyances under Judicial Orders or Decrees 677679
677
Conveyances by Statutory or Judicial Permission 679682
679
Tax Titles
682
Eminent Domain 6SS692
689
CHAPTER XXV
693
Restraints Imposed In Favor of Creditors 696700
696
Restraints Imposed In Favor of Subsequent Purchasers 7U0701
701
Restraints Imposed In Creation of Estate 702704
702
Restraints Imposed by Federal Bankrupt Act
705
Persons of Unsound Mind 7i6
706
Infants 708710
708
Married Women 710711
710
Aliens 711712
711
Corporations 712713
712
Capacity to Take Title 713717
713
CHAPTER XXVI
718
Powers of Appointment 721726
721
Classification of Powers of Appointment as to Estate of the Donee 726727
726
Classification of Powers of Appointment as to the Appointees 728730
728
Classification of Powers of Appointment as to Duty of Execution
730
Extinguishment of Powers 731732
731
Execution of Powers 734740
734
Fraudulent Appointments 740741
740
Codification of Powers
742
CHAPTER XXVII
743
2S2 Requisites of Deeds 745750
745
Formal Parts of Deeds 750754
750
2S4 Description of Property Conveyed 755766
755
The Habendum Tenendum and Conclusion 766774
766
Attestation of Deeds 774775
774
Acknowledgment of Deeds 775771
775
Recording of Deeds 77978
779
Delivery and Acceptance of Deeds 780
780
CONDITIONS COVENANTS AND WARRANTIES IN DEEDS 290 Conditions in General 787789
787
Condition or Covenant 790792
790
Building Restrictions 792793
792
Remedies for Breach of Condition 793796
793
Covenants in General 796801
796
Modern Covenants of Title 801802
801
Covenant of Seisin 802804
802
How Broken 804S06
804
Covenant of Right to Convey 806807
806
Covenant against Incumbrances 807810
807
Covenant for Quiet Enjoyment 810811
810
Covenant of Warranty
811
Special Warranty 812819
812
CHAPTER XXIX
820
Duly of Attorney in Examining Abstracts 824825
824
TABLE OF CASES CITED Page 827
827
INDEX Page 933
933

Common terms and phrases

Popular passages

Page 356 - The present capacity of taking effect in possession, if the possession were to become vacant, and not the certainty that the possession will become vacant before the estate limited in remainder determines, universally distinguishes a vested remainder from one that is contingent.
Page 400 - The absolute ownership of personal property shall not be suspended by any limitation or condition, for a longer period than during the continuance and until the termination of not more than two lives in being...
Page 586 - In the establishment of these relations, the rights of the original inhabitants were in no instance entirely disregarded, but were necessarily, to a considerable extent, impaired. They were admitted to be the rightful occupants of the soil, with a legal as well as just claim to retain possession of it, and to use it according to their own discretion...
Page 802 - TOGETHER with all and singular the tenements, hereditaments, and appurtenances thereunto belonging, or in any wise appertaining, and the reversion and reversions, remainder and remainders, rents, issues, and profits thereof.
Page 399 - the absolute power of alienation shall not be suspended by any limitation or condition whatever for a longer period than during the continuance of not more than two lives in being at the creation of the estate...
Page 312 - ... 4. To receive the rents and profits of real property, and to accumulate the same for the purposes, and within the limits, prescribed by law.
Page ii - Of elementary treatises on all the principal subjects of the law. The special features of these books are as follows: 1. A succinct statement of leading principles In black-letter type. 2. A more extended commentary, elucidating the principles. 3. Notes and authorities.
Page 312 - To receive the rents and profits of real property, and apply them to the use of any person, during the life of that person, or for any shorter term, subject to the provisions of law relating thereto; 4.
Page 359 - A contingent remainder is a remainder limited so as to depend on an event or condition which may never happen or be performed, or which may not happen or be performed till after the determination of the preceding estate...
Page 663 - A fourth rule or canon of descent is this ; that the lineal descendants, in infinitum, of any person deceased shall represent their ancestor ; that is, shall stand in the same place as the person himself would have done, had he been living.

Bibliographic information