Privity of estate
Encyclopedia
Privity of estate is the relation that subsists between a landlord
and his tenant
, which creates a relationship between landlord and tenant.
It is a general rule that a termor cannot transfer the tenancy or privity of estate between himself and his landlord, without the latter's consent
: an assignee
, who comes in only in privity of estate, is liable only while he continues to be legal assignee; that is, while in possession under the assignment.http://www.lectlaw.com/def2/p165.htm
Privity of estate historically traces the land of plaintiff
and defendant
back to a common owner who imposed the restriction on the land’s use. This is referred to as “vertical privity.”
Privity of estate means that one contracting party succeeds to the estate of another. Landlord-tenant law is just an example. It means one party has the same estate as the other party. Their relationship was so close or tight that one got exactly what the other had as far as the amount of land is concerned, and within the confines of the contractual or other relationship.
Landlord
A landlord is the owner of a house, apartment, condominium, or real estate which is rented or leased to an individual or business, who is called a tenant . When a juristic person is in this position, the term landlord is used. Other terms include lessor and owner...
and his tenant
Tenement (law)
A tenement , in law, is anything that is held, rather than owned. This usage is a holdover from feudalism, which still forms the basis of all real-estate law in the English-speaking world, in which the monarch alone owned the allodial title to all the land within his kingdom.Under feudalism, land...
, which creates a relationship between landlord and tenant.
It is a general rule that a termor cannot transfer the tenancy or privity of estate between himself and his landlord, without the latter's consent
Consent
Consent refers to the provision of approval or agreement, particularly and especially after thoughtful consideration.- Types of consent :*Implied consent is a controversial form of consent which is not expressly granted by a person, but rather inferred from a person's actions and the facts and...
: an assignee
Assignment (law)
An assignment is a term used with similar meanings in the law of contracts and in the law of real estate. In both instances, it encompasses the transfer of rights held by one party—the assignor—to another party—the assignee...
, who comes in only in privity of estate, is liable only while he continues to be legal assignee; that is, while in possession under the assignment.http://www.lectlaw.com/def2/p165.htm
Privity of estate historically traces the land of plaintiff
Plaintiff
A plaintiff , also known as a claimant or complainant, is the term used in some jurisdictions for the party who initiates a lawsuit before a court...
and defendant
Defendant
A defendant or defender is any party who is required to answer the complaint of a plaintiff or pursuer in a civil lawsuit before a court, or any party who has been formally charged or accused of violating a criminal statute...
back to a common owner who imposed the restriction on the land’s use. This is referred to as “vertical privity.”
Privity of estate means that one contracting party succeeds to the estate of another. Landlord-tenant law is just an example. It means one party has the same estate as the other party. Their relationship was so close or tight that one got exactly what the other had as far as the amount of land is concerned, and within the confines of the contractual or other relationship.