{"id":8613,"date":"2017-11-19T21:59:03","date_gmt":"2017-11-19T21:59:03","guid":{"rendered":"https:\/\/reunitethestates.org\/?page_id=8613"},"modified":"2018-07-01T15:57:36","modified_gmt":"2018-07-01T15:57:36","slug":"estate-the-amount-degree-nature-and-quality-of-a-persons-interest-in-land-or-other-property-which-may-become-possessory-and-hereditable","status":"publish","type":"page","link":"https:\/\/reunitethestates.org\/?page_id=8613","title":{"rendered":"estate – the amount, degree, nature, and quality of a person’s interest in property, usually “real estate interest which may become possessory”"},"content":{"rendered":"

\u00a0 \u00a0 \u00a0This page is continued from \u00a0Law of Property<\/a>\u00a0>>>>\u00a0<\/span>Property<\/a> >>>>\u00a0Interest<\/a>:<\/span><\/span><\/span><\/strong><\/p>\n

*****************************<\/span><\/p>\n

estate<\/span>:<\/span><\/span><\/strong>
\n(15c)<\/span><\/p>\n

1. The amount, degree, nature, and quality of a person’s interest in land or other property; especially, a real estate interest that may become possessory; the ownership\u00a0<\/span><\/strong>being measured in terms of duration.<\/strong>\u00a0 See periodic tenancy<\/em> under TENANCY. [1]<\/span><\/span><\/p>\n

1. In the pristine technical sense, the degree, quantity, nature, and extent of interest which a person has in real property<\/a>. 28 Am J2d Est\u00a0\u00a7 1<\/span>.<\/span><\/strong><\/p>\n

Otherwise, a word of several meanings, neither of which imports a legal entity; the property left by a decedent, the property of a ward, a mentally incompetent person, or a bankrupt; in its most popular sense including both real <\/a>and personal property. Re Glassord’s Estate, 114 Cal App 2d 908, 34 ALR2d 1259<\/span>.<\/span><\/strong><\/p>\n

Including every vested right and interest attached to and growing out of property. Lee v Hill<\/em>, 87 Va 497, 12 SE 1052<\/span>.<\/span><\/strong><\/p>\n

Including tangible and intangible property. Anno: 34 ALR2d 1271<\/span>.<\/span><\/strong><\/p>\n

Including even a contract of employment for personal services. Lee v Hill<\/em>, 87 Va 497, 12 SE 1052<\/span>.<\/span><\/strong><\/p>\n

When used in a will, usually, but not necessarily, comprehending all property of the testator whether real or personal in character. 57 Am J1st Wills\u00a0\u00a7 1337<\/span>.<\/span><\/strong><\/p>\n

It includes both real<\/a> and personal property, and is sufficient to pass a fee in land unless restricted by words expressing a different intention. \u00a0It has long been held that the devise of all a man’s “estate,” where there are not words to restrain or control its operation, should be construed not merely to mean his lands, but the quantity of interest which he has in them. \u00a0The word may likely include and equitable interest. \u00a0however, the word “estate” in a will is not to be understood as a word of art, but of interpretation, and its meaning may be affected by other clauses and disposition in the will. 57 Am J1st Wills\u00a0\u00a7 1337<\/span>.<\/span><\/strong><\/p>\n

A person’s degree or rank in life.<\/strong> [2]<\/span><\/p>\n

1. The right, title<\/a>, and interest<\/a> a person has in real<\/a> or personal property<\/a>, either tangible or intangible. \u00a0Estates in real property\u00a0<\/span><\/a>(estates in land<\/a> or landed estates<\/a>) include both freehold estates<\/a> (EXAMPLES: a fee simple<\/a><\/span>; a fee tail; a life estate<\/a>) and estates less than freehold<\/a> (EXAMPLES: estates for years<\/span><\/a>; estates at will<\/a> ).<\/span><\/strong><\/p>\n

2. The property itself.<\/span><\/strong><\/p>\n

3. The property left by a decedent; i.e., a decedent’s estate.<\/span><\/strong>
\n\u00a0 \u00a0 \u00a0See gross estate<\/em>; net estate<\/em>.<\/span><\/p>\n

4. The\u00a0<\/span>property<\/span>\u00a0of a bankrupt; i.e., a bankruptcy estate.<\/span><\/span><\/strong><\/p>\n

5. The property of a ward or mentally incompetent person.<\/span><\/strong><\/p>\n

6. A person’s social standing or standing in the community.<\/span><\/strong>
\n\u00a0 \u00a0 \u00a0See conditional estate<\/em>; dominant estate<\/em>; expectant estate<\/em>; future estate<\/em>; particular estate<\/em>; qualified estate<\/em>; residuary estate<\/em>; servient estate<\/em>; separate estate<\/em>; trust estate<\/em>; vested estate<\/em>.<\/span><\/p>\n

Note<\/em><\/span> that to fully understand the\u00a0<\/span>definitions<\/span>\u00a0of the many kinds of\u00a0estates in land that the law recognizes, it is necessary to know that a tenant is not only a person who leases an apartment, a house, or commercial premises, but is anyone who, although not owning land, has certain rights with respect to occupying or using it.<\/span><\/span><\/strong> [3]<\/span><\/span><\/p>\n

Various Types of<\/span><\/span><\/strong> Estates in Land<\/a><\/strong><\/span>:<\/span><\/span><\/p>\n

estate in land<\/span><\/a> – the degree, quantity, nature, or extent of interest<\/a>\u00a0<\/span><\/span>a person has in real property<\/a>.<\/strong>\u00a0\u2014 aka landed property<\/span><\/strong><\/em>.<\/span><\/p>\n