A Treatise on the Law of Property

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Baker, Voorhis, 1927 - Počet stran: 829

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Trees Sale Under Statute of Frauds
11
Effect of Failure to Remove Trees in Time Specified 14 Perennial Crops
14
Annual Crops
15
Growing Crops When Treated as Personalty
16
Levy of Execution on Crops
17
Effect on Crops of Sale Under Foreclosure
18
Water and
21
Manure
23
Stock in Land Corporations 22 Chattel Interests in Land
24
NATURE AND INCIDENTS OF OWNERSHIP OF LAND AMines SECTION 23 Nature of Ownership in Mines 24 Gold and Silver Mines 25 Mining...
26
Fish
27
Incidents of Ownership in Border Trees
28
Right of Adjoining Owner
29
Trees Growing Directly in the Line
30
What Are Emblements
33
The Tendency Must Be of Uncertain Duration 33 The Tenant Must Have Planted or Sowed the Crop
35
The Tenancy Must Not be Terminated by the Tenant 35 Effect of Enforcement of Superior Title
36
Right to Waygoing Crop EFixtures 37 Nature of Fixtures 38 Fixtures Annexed by Owner in
38
What Amounts to Annexation
39
Constructive Annexation
40
Other Cases of Constructive Annexation
41
Application of the Test of Intent
42
Intent as Shown by Character of Annexation and Adaptability
43
for Use With the Land
48
Specific Illustrative CasesMachinery
49
Annexation Made by Trespasser or Licensee
50
Questions Arising Between Vendor and Vendee Mortgagor and Mortgagee Heir and Personal Representative
51
Annexation by Tenant for Life or for YearsFixtures Removable and Not Removable
52
House Fixtures Gas Fixtures Furnaces Ranges Refrigerators Awnings
53
Trade Fixtures Agricultural Fixtures and Fixtures for Domestic Convenience
54
Buildings
55
Annexation Under Contract of Conditional Sale or Chattel Mort
56
Removal by Tenants for an Indefinite Term
57
Effect of New Lease Between Landlord and Tenant
58
Fixtures Annexed by Tenants for Life
59
Waste Defined FWaste
60
gage
61
Trees and Timber
62
Mines
63
Cultivation and Use of the Land
64
Buildings Changes and Improvements
65
Permissive Waste
66
Waste in Equity
67
Ownership of Timber Buildings etc Wrongfully Severed
68
CHAPTER III
91
What Constitutes Possession
96
Nature and Characteristics of Possession
100
Rights of Life Tenants and Tenants for Years against Strangers
102
Rights of Bailees against Wrongful Takers
105
Rights Arising out of Mere Possession
109
Lost and Mislaid Property
112
FREEHOLD ESTATES ADevelopment of Freehold Estates SECTION 76 Nature of Estates in Land 77 Estates in Land Before the Norman Conquest
119
Introduction of Feudalism by the Norman Conquest
121
Nature and Incidents of the Feudal System
123
Tenure
132
Manors 82 Creation and Transfer of Freehold Estates Under Feudal System 83 Freehold Estates as Distinguished from Estates Less than Free hold
135
Tenure in the United States
136
BEstates in Fee 85 Estates in Fee Simple
137
Base or Qualified Fees
138
Creation of Estates in Fee by Deed
140
Exceptions to Foregoing Rule
142
Creation of Estates in Fee by Will
144
Creation of Estates in Fee Under Modern Statutes
146
CEstates in Fee Tail 91 Conditional
148
Origin of Estates in Fee Tail
149
Nature and Kinds of Estates in Fee Tail
150
Leases for Advertising Purposes
151
Fee Tail Estates in Modern Times
152
Contracts for Board and Lodging
153
DEstates for Life 95 Nature of Life Estates
154
Renewal of Lease
155
Estates Pur Autre
156
Tenancies Created by Holding Over
157
CHAPTER V
158
Requisites of Dower
159
ValidityHow determined
160
What Constitutes a Valid Marriage
164
CSeisin of the Husband 102 What Constitutes Seisin
165
Seisin in Fact and At
167
Dower in Mortgaged Property
168
Purchase Money Mortgages
170
DEstates to which Dower Attaches 106 Dower in Equitable Estates
173
Dower in Trust Estates in the United States
174
Dower in Joint Estates
177
Dower in Partnership Realty
178
No Dower in Life Estates or Estates Pur Autre
180
Dower in Estates in Fee Tail 112 Dower in Estates Upon Condition and Estates Upon Limitation
181
Dower in Estates Upon Conditional Limitation
182
EThe Inchoate Right of Dower 114 Nature of the Inchoate Right
185
Remedies for Breach of Condition Not to Assign or Sublet
186
Eminent DomainEffect on Inchoate Dower
187
Release of Inchoate Dower by Wife
189
Payment of Mortgage by Purchaser of Husbands Estate
190
Separate Release to Husbands Grantee
192
Dower Barred by Misconduct of Wife 120 Effect of Divorce on Dower
193
FJointures and Testamentary Provisions in Lieu of Dower 121 Jointures Legal and Equitable
195
Jointures and Agreements Barring Dower in the United States
197
Testamentary Provisions in Lieu of Dower
199
Election by Widow
202
GDower After Death of Husband 125 Consummate Dower
204
Assignment of Dower
205
Dower in Improvements Made by Heir or Grantee of Husband
206
CHAPTER VII
224
CHAPTER VIII
233
Indefinite Tenancies Arising Under Void Lease for Years
258
CTenancies at Will 160 Nature and Characteristics
261
Creation of Tenancies at Will
263
Termination of Estates at Will
265
Express CovenantsCovenant to Pay RentAction for Use and Occupation
290
Other Express Covenants
292
FIncidents of the Relation of Landlord and Tenant Apart from Covenants Express or Implied 175 Duty of Landlord to Pay Taxes Assessments for Pe...
294
HSuspension and Extinguishment of RentEvic
316
SurrenderEffect on Rent
324
194a Express Provision Permitting Reletting
334
Miscellaneous Questions Arising Under Statutes Relating
341
The Individual Interest of Each Joint Tenant
349
SECTION 199a Joint Tenancies in Personal Property 200 Tenants in Common
354
Estates in Coparceny
355
Partnership Estates
356
CHAPTER X
359
Effect of Statutes on Estate in Entirety
362
Termination of the Estate
365
CHAPTER XI
366
Ouster of One Cotenant by Another
368
Liability of Tenant in Possession to Tenant Out of Possession for Rents and Profits Use and Occupation
370
Liability Between Cotenants for Services for Taxes Interest on Mortgages and Other Carrying Charges and for Repairs
373
Improvements
376
Waste Between Cotenants
380
Purchase of Outstanding Title by Cotenant
383
Voluntary Partition
385
Involuntary Partition
387
Parties to Action of Partition 216 Judgment of Partition
388
CHAPTER XII
392
Creation of Conditional Estates
395
The Right of Entry for Breach of Condition
398
What Constitutes Breach of Condition
402
Waiver of Breach of Condition
403
Continuing Cause of Forfeiture
406
Illegal and Impossible Conditions
412
Illegal Conditions
414
Estates Upon Limitation and Conditional Limitation
416
Estates Upon Conditional Limitation
421
CHAPTER XIII
422
License Permitting Breach of Condition 230 Nature and Origin of Equitable Estates Uses
423
Creation and Incidents of Uses Before the Statute of Uses
427
BThe Statute of Uses and its Effect 232 Nature and Purpose of the Statute 233 Effect of the Statute of Uses Trusts
432
Equitable Estates After the Statute of Uses
437
Express Trusts
439
Creation of Express Trusts
443
Statutory Changes Affecting Express Trusts
446
Implied TrustsResulting and Constructive
449
Constructive Trusts
454
Purchase for Value Without Notice 241 Further Incidents of Trusts
459
CHAPTER XIV
460
Reversions 244 Remainders
461
Vested and Contingent Remainders
468
Rules of Construction Applying to Deeds or Wills Creating Remainders
470
The Present Law of Remainders
490
CHAPTER XV
525
CHAPTER XVI
539
Interests Affected by the Rule
550
a Executory Interests b Remainders and Reversions
552
c Possible Rights of Reverter and of Entry for Breach of Condition
554
d Equitable Estates e Personal Property 271 Gifts to a Class
557
Powers
561
Charitable Trusts
563
Accumulations
565
CHAPTER XVII
569
Suspension Caused by Future Executory Interests
575
Suspension Caused by Powers
577
Suspension Due to Trusts
579
Principles of the Common Law Rule Apply Except as Modified by Statute
586
The More Important Statutory Changes in Other States
589
CHAPTER XVIII
591
Easements in Gross
593
Creation of Easements
596
Creation of Easements by Express Grant or Reservation
597
Reservations and Exceptions
599
Ways of Necessity
602
Easements Created by Implied Grant or Reservation
605
Easements by Implied Grant the More Important Classes of Cases
607
Easements Arising by Implied Reservation
613
Creation of Easements by Prescription
618
CHAPTER XIX
669
CHAPTER XX
699
Rights of Abutting Owners Fee in Public
710
Right of Deviation in Public
712
Creation of Highways and Streets scription e Condemnation Proceedings
713
Extinction of Highways and Streets
718
Public Rights of Navigation 322 Rights of Fishing
724
CHAPTER XXII
726
Conveyances Under the Statute of Uses
729
The Modern Statutory Deeds
730
Form and Requisites of Conveyances
733
Names of Grantor and Grantee
734
Granting and Habendum Clauses Consideration
736
Description of Land Conveyed Boundaries
739
Boundaries on Streams Lakes
742
Boundaries on Streets and Highways
745
Covenants for Title in Deeds
748
How Covenants for Title Run with the Land
753
Execution of Deeds Signing and Sealing
756
Delivery of Deeds
758
Delivery in Escrow
760
Acceptance by Grantee
765
CHAPTER XXIII
767
Instruments that Must be Recorded
768
What Constitutes Subsequent Purchaser Without Notice
770
What Constitutes Purchaser for Value
773
Instrument Must Appear in Chain of Title
775
Recorded Instrument Must be Entitled to Record 344 Defects in the Record
778
Record is Notice to Subsequent Purchasers and Incumbrancers Only
779
CHAPTER XXIV
783
CHAPTER XXV
793
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Strana 721 - Those rivers must be regarded as public navigable rivers in law which are navigable in fact. And they are navigable in fact when they are used, or are susceptible of being used, in their ordinary condition, as highways for commerce, over which trade and travel are or may be conducted in the customary modes of trade and travel on water.
Strana 248 - An agreement for the leasing for a longer period than one year, or for the sale of real property, or of an interest therein ; and such agreement, if made by an agent of the party sought to be charged...
Strana 614 - I mean quasi easements), or, in other words, all those easements which are necessary to the reasonable enjoyment of the property granted, and which have been and are at the time of the grant used by the owners of the entirety for the benefit of the part granted.
Strana 644 - ... access to the navigable part of the river from the front of his lot, the right to make a landing, wharf or pier, for his own use, or for the use of the public, subject to such general rules and regulations as the legislature may see proper to impose for the protection of the rights of the public, whatever those may be.
Strana 566 - ... during the minority or respective minorities only of any person or persons who under the uses or trusts of the...
Strana 441 - ... 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.
Strana 447 - To sell, mortgage or lease real property for the benefit of annuitants or other legatees, or for the purpose of satisfying any charge thereon; 3.
Strana 78 - ... injury to the estate in reversion is equal to the value of the tenant's estate or unexpired term...
Strana 475 - ... interest, a clause is added divesting it, the remainder is vested. Thus, on a devise to A for life, remainder to his children, but if any child dies in the lifetime of A his share to go to those who survive, the share of each child is vested, subject to be divested by its death. But on a devise to A for life, remainder to such of his children as survive him, the remainder is contingent.
Strana 721 - The doctrine of the common law as to the navigability of waters has no application in this country. Here the ebb and flow of the tide do not constitute the usual test, as in England, or any test at all of the navigability of waters.

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