The Government Class Book eBook

This eBook from the Gutenberg Project consists of approximately 386 pages of information about The Government Class Book.

The Government Class Book eBook

This eBook from the Gutenberg Project consists of approximately 386 pages of information about The Government Class Book.

Sec.3.  These limited interests in land are divided into estates for life, estates for years, estates at will, and estates by sufferance.  An estate for life is an estate conveyed to a person for the term of his natural life.  Life estates held by lease, however, are not common in this country.  Another kind of life estate is that which is acquired, not by the acts of the parties, as by lease, but by the operation of law.  Such is the right of a husband to the real estate of his wife acquired by her before or after marriage.  Such also is the right of dower. (Chap.  XLVIII, Sec.6, 7.  Chap.  LI, Sec.7.)

Sec.4.  An estate for years is a right to the possession and profits of land for a determinate period, for compensation, called rent; and it is deemed an estate for years, though the number of years should exceed the ordinary limit of human life.  And if a lease should be for a less time than a year, the lessee would be ranked among tenants for years.  Letting land upon shares for a single crop is not considered a lease; and possession remains in the owner.

Sec.5.  A lessee for years may assign over his whole interest to another, unless restrained by agreement not to assign without leave of the lessor.  And he may underlet for any less number of years than he himself holds; but he is himself liable to the landlord.

Sec.6.  A tenant for years, whose lease expires after the land is sown or planted, and before harvest, is not entitled to the crop, if the lease is for a certain period; for, knowing that his lease would expire before harvest time, he might have avoided the loss of his labor.  But if the lease for years depends upon an uncertain event, the occurring of which would terminate the lease before the expiration of the term, the tenant would be entitled to the crop, if there were time to reap what has been sown, in case he should live.  It is believed that, in a few states, the tenant has a right to the crop from grain sown in the autumn before the expiration of the lease, and cut the next summer after its expiration.

Sec.7.  Where there is an express agreement to pay rent, the tenant can not avoid payment even if the premises are destroyed by fire or flood, or if he is in any other manner deprived of their enjoyment and use, even without any default on his part.  Hence, if land should be leased with a flock of sheep, and the sheep should die, the full rent must be paid.  But if the land should be recovered from the tenant by a person having a better title than that derived from his landlord, he is not liable for rent after his use of the land has ceased.

Sec.8.  A tenant can not make repairs at the expense of the landlord, or deduct the cost of them out of the rent, unless by special agreement.  But if the premises, from want of repair, have become unsafe or useless, the tenant from year to year may quit without notice; and he would not be liable for rent after the use had ceased to be beneficial.

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The Government Class Book from Project Gutenberg. Public domain.