A Treatise on the American Law of Real Property

A Treatise on the American Law of Real Property
Author: Emory Washburn
Publisher: General Books
Total Pages: 566
Release: 2012-01
Genre:
ISBN: 9781458995612

Purchase of this book includes free trial access to www.million-books.com where you can read more than a million books for free. This is an OCR edition with typos. Excerpt from book: CHAPTER III. ESTATES IN FEE-SIMPLE. 1. Distinction between property and title. 2, 8. Property in the realty defined. 4-6. Title explained. 7,8. Estate defined. 9-11. Division and characteristics of estates. 12-15. Freeholds defined, and how created. 16-19. Cannot be in abeyance, except by act of law. 20, 21. Gelation and duty of freeholders to the estate. 22-28. Who may be freeholders, ? aliens, corporations. 29. Division of estates. 80-34. Fee-simple defined, ? its incidents. 85, 86. Fees defeasible. 87-44. Alienation incident to estates in fee, ? its history. 45-47. How far alienation may be restricted. 48-60. Power of devising lands in fee, ? its history. 61, 52. Fee in incorporeal hereditaments. 63-63. Heirs, how far necessary to create a fee-simple by deed. 64-69. Fee-simple, how created by devise. 71, 72. Curtesy, dower, and descent, incident to fee-simple. 73, 74. Such estates subject to debts. 75-77. Of estates limited after fees determinable. 78-80. Base and determinable fees. 81. Conditional limitations. 82. Conditional fees at common law. 83-85. Determinable fees, ? what are and what are not . 86. Tenant of such fee has the rights of one in fee-simple. 87, 88. Determinable fee with or without a reversion. 89, 90. Such estates descend as fees, are defeasible by condition. 91-93. Such estates may become fee-simple absolute. 1. As the law of real property naturally divides itself into different heads, it is well to classify and fix these as distinctly as may be, in order, if possible, to have them presented 44] in their natural order. There is, then, a property or interest in lands or other things coming within the class of realty, which is something distinct from the title ...