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An Analysis of the English Law of Real Property; Chiefly from Blackstone's Commentary

An Analysis of the English Law of Real Property; Chiefly from Blackstone's Commentary


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This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1887 Excerpt: ... any of the coparceners. 2. By alienation of one parcener which disunites the title and may disunite the interest. 3. By the whole descending to and vesting in a single person, and thus becoming an estate in severalty. 4. Tenancy in common. A tenancy in common is where two or more persons hold land with interests accruing under different titles, or with the same titles but accruing at different times, or where the tenants take in distinct though undivided shares. The unity of possession alone is necessarily incidental to this tenancy, and there may be an entire disunion of interest, title, and time. Moreover, as there is no entirety of interest, there is no survivorship as in joint tenancy. Example. A. and B., tenants in common. A. may hold his part in fee simple. B., " in fee tail. Here is no unity of interest. A. may have acquired by purchase from X. B. " " by descent from Y. Here there is no uriity of title. A. 's estate may have been vested fifty years. B. 's " " " one year. Here there is no unity of time. (a) Estates in common, how created. (1) By the destruction of estates in joint tenancy or coparcenary, as where A. and B. are joint tenants in fee, and A. alienates to C. for life, then C. and B. are tenants in common. (2) By special limitation in a conveyance, the grant must express that the grantees are to take in distinct though undivided shares. Formerly the law favoured joint tenancy because (o) the divisible services (rent, &c.) were not divided; (/3) the entire services (as fealty) were not multiplied. With the decay of feudalism these considerations have lost somewhat of their force, and the law regarding the possibility of hardship from the Jus accrescendi rather favours tenancy in common. (/3) Inciden...


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Product Details
  • ISBN-13: 9780217774826
  • Publisher: Rarebooksclub.com
  • Publisher Imprint: Rarebooksclub.com
  • Height: 246 mm
  • No of Pages: 24
  • Spine Width: 1 mm
  • Width: 189 mm
  • ISBN-10: 0217774822
  • Publisher Date: 17 May 2012
  • Binding: Paperback
  • Language: English
  • Returnable: N
  • Weight: 64 gr

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