Term of Years - Property Law

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non sequitur
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Joined: Tue Dec 28, 2010 1:46 am

Term of Years - Property Law

Postby non sequitur » Wed May 11, 2011 3:28 pm

I am reviewing possessory estates and future interests, and a question has arisen. Is there a Term of Years that is a freehold estate, which would be alienable, devisable, and descendible, as distinguished from a Term of Years non-freehold estate (i.e. tenancy), which would not be not alienable, devisable, and descendible (though could be subleased or assigned)? Or are they all the same thing?

It seems like this may affect future interests analyses.

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Joined: Mon Nov 22, 2010 12:33 pm

Re: Term of Years - Property Law

Postby theskyisred » Wed May 11, 2011 5:00 pm

No, under numerus clausus the category of estates is finite and closed.

A term of years is a type of lease/non-freehold estate.

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