Also known as: privity-of-estate · estate privity
Written by attorneys · grounded in primary & secondary sources — see below
A legal relationship between parties who hold successive or simultaneous interests in the same estate in land. This relationship permits covenants that touch and concern the land to bind successors when the transfer creates or preserves the connection between the enforcing party and the party subject to the burden.
Select any source to read its text and confirm it supports the definition.
Perry Pratt leased commercial space from Phoebe Park and promised in the lease to maintain specialized ventilation systems. Perry assigned the entire leasehold to Pierre Poulin. Phoebe never released Perry from the promise. Because the assignment did not terminate Perry's privity of estate with Phoebe, Perry remains obligated to perform the maintenance covenant.
Priya Prasad leased laboratory space from Pacific Bank under a lease requiring maintenance of containment systems. Priya assigned the lease to Phuong Pham. The assignment placed Phuong in privity of estate with Pacific Bank. Because the maintenance promise touches and concerns the leasehold and was intended to run, Phuong must perform the covenant while in possession.
Pulse Media leased office space from Precision Tools under a lease in which Precision Tools promised to maintain rooftop terraces. Precision Tools sold the building to Prime Logistics subject to the lease. The sale brought Prime Logistics into privity of estate with Pulse Media. The terrace promise therefore binds Prime Logistics as the new owner.
Patricia Patel adversely possessed a strip of land for seven years and then conveyed her possessory interest by deed to Patricia's neighbor. The neighbor continued possession for the remaining statutory period. Because the deed created privity of estate between the successive possessors, the periods may be tacked to establish title by adverse possession.
Privity of estate arises from shared interests in the leased property and ends when the tenant assigns the entire estate. Privity of contract arises from the original lease agreement and survives assignment unless the landlord releases the original tenant. An assignee in privity of estate becomes liable for covenants that touch and concern the land, while the original tenant remains liable on the contract.
An assignee enters privity of estate with the landlord upon receiving the tenant's entire remaining leasehold interest. This connection allows lease covenants that touch and concern the land and were intended to run to bind the assignee. A sublessee does not enter privity of estate with the landlord because the sublessee receives less than the full estate.
…301 P.2d 153 (1956). The deed running between the parties purporting to transfer the land possessed traditionally furnishes the privity of estate which connects the possession of the successive occupants. Plaintiff contends, and the trial court ruled, that where the deed does not describe any of the land which was occupied, the…
…This is true even though the assignment or sublease is made with the consent of the lessor. By an assignment of a lease the privity of estate between the lessor and lessee is terminated, but the
…land of the dominant and servient estates only if (1) the subject of the covenant touches and concerns the land, (2) there is
…appear that the covenant is one “ touching ” or “ concerning ” the land with which it runs; (3) it must appear that there is “
Yes. When a landlord transfers the reversion, the transferee comes into privity of estate with the tenant. Express landlord covenants that touch and concern the leased premises and were intended to run therefore bind the new owner. The original landlord remains liable on privity of contract unless released.
Yes. Successive adverse possessors may tack their periods only when they are in privity of estate, typically supplied by a deed or other transfer of possession. Without that connection, the periods cannot be combined to meet the statutory requirement.