Also known as: estates in lands · estate in land · estates in land
Written by attorneys · grounded in primary & secondary sources — see below
An ownership interest in real property that confers rights of possession, use, and alienation. The interest may be of potentially infinite duration or limited by conditions, time, or future interests.
Emmett Egan conveyed a lot in his subdivision to Esme Ellington by deed containing a covenant restricting structures to single-family homes. The deed satisfied the same formal requirements used to create a fee simple estate. The covenant therefore runs with the land and binds successive owners.
Elise Everly granted an easement across her fee simple parcel to Edward Everett for access to a neighboring lot. The easement burdened her estate in lands and benefited another parcel. The grant was recorded and enforceable against later purchasers.
Select any source to read its text and confirm it supports the definition.
Emily Ellis owned oceanfront property held in fee simple. State beach restoration altered the shoreline and eliminated her direct water contact. The change affected the scope of her estate in lands without constituting a compensable taking.
Eduardo Enriquez orally promised to convey his farm to a caregiver in exchange for lifetime care. The caregiver performed the services but received no deed. The promise failed to create an estate in lands because it lacked a signed writing.
Enigma Technologies leased commercial space to a tenant under a month-to-month estate in lands. The landlord sought expedited eviction after nonpayment. Due process required notice and a hearing before termination of the possessory interest.
Elite Dynamics held the mineral estate beneath surface land owned by others. A statute prohibited mining that caused surface subsidence. The restriction diminished the value of the estate in lands and raised a regulatory takings claim.
The formal requirements match those for creating a servitude of like duration. A deed or will satisfying the statute of frauds is typically necessary for estates of potentially infinite duration.
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Yes. A servitude may be created to burden or benefit any estate in land. The servitude attaches to the estate and runs with the land to successive owners.
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An estate in lands is a possessory interest that may be transferred or inherited. A license is a personal privilege revocable at will and creates no interest in the land itself.
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Yes. The words 'to A and her heirs' create a fee simple absolute inheritable by both lineal and collateral heirs. Precatory language about purpose does not limit the estate.
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…the house. On the other hand the extent of the taking is great. It purports to abolish what is recognized in Pennsylvania as an estate in land — a very valuable estate — and what is declared by the Court below to be a contract hitherto binding the plaintiffs. If we were called upon to deal with the plaintiffs' position alone, we…