355. Introduction. Real property is such as has permanency of location, and includes lands and rights issuing out of lands. As an exception to this may be mentioned leasehold interests and real estate liens, which are personal property but which from their intimate relation to real property are usually treated in that connection. Blackstone divides the subject of real property into four parts; namely, kinds of real property, tenure, estates, and titles.

356. Kinds of Real Property. All real property is comprehended under the terms lands, tenements, and hereditaments.

1. Land is the soil of the earth, and includes everything erected upon, or attached to its surface, or which is buried beneath. In theory it extends indefinitely upwards and downwards, embracing buildings of a permanent character, trees and minerals.

2. Tenements are those things which can be held. The word is of feudal origin and application, and need not be further treated here.

3. Hereditaments imply any property which is inheritable. They are of two kinds, (a) corporeal; that is, things of a material or substantial nature, such as lands, mines, etc.; (b) incorporeal, or those kinds of real property which are intangible and which are rights in or issuing out of the real property rather than to it, such as easements, rents, franchises, etc.

357. Tenure. The conditions and terms, and the rights and obligations arising out of the holding of land, constitute tenure. The term is used "to designate the specific feudal lord and his tenant, it being based on a grant by the lord of the land to be held by the tenant on condition of the rendition of certain services." The consideration of this branch of the subject of real property, while very interesting from an historical viewpoint, has no practical application in a treatise of this kind. The student is referred to the writings of Blackstone and Kent.

Having now defined the subject of real property, and having briefly considered kinds of real property and tenure, we are now ready to treat the two most important branches of the subject; namely, estates and titles.

Real property has permanency of location. In law the subject is divided into kinds of real property, tenure, estates and titles. All kinds of real property are comprehended under lands, tenements and heredita

ments.

Land is the soil, etc., of the earth and everything attached thereto. Tenements are anything real in its nature which can be held. Hereditaments are real property which is inheritable. They are corporeal that are material or substantial in their nature, and incorporeal that are intangible and consist of rights issuing out of real property.

Tenure consists of the conditions and terms and the rights and obligations arising out of the holding of the land.

What is real property? How is the subject subdivided? Define lands; tenements; hereditaments, both corporeal and incorporeal. Define tenure.

360. An Estate is the specific estate's degree of interest or right of property that one has in lands. It embraces three elements: (1) the right of possession, (2) the right of enjoyment, and (3) the right of disposition—subject to the right of the state to appropriate it to the public use. Estates possess the characteristics of (1) quantity or duration of interest, (2) quality of the interest, (3) time of enjoyment, and (4) number of owners. As to quantity or duration, estates are divided into freeholds-those

which endure for an uncertain period which, at least, may last during the life; and estates less than freeholds-which comprise the chattel interests in lands, such as leaseholds.

361. Freeholds. These are divided into estates of inheritance and those not of inheritance.

1. Inheritance. An estate of inheritance is one which, upon the death of the owner, either passes by descent to his heirs, or, under the provisions of his will, to his devisees. First in importance among estates of inheritance is the fee simple absolute, which is the highest estate known to the law. It is an inheritable freehold, free from condition and of indefinite duration. Other estates of inheritance are the determinable fees which are burdened with some clog, condition, or qualification that may operate to defeat or terminate the estate.

2. Non-Inheritance. Estates not of inheritance comprise all freeholds known as life estates. These may be created by agreement, or arise out of the marriage relation. The most important of those created by agreement is the estate for the owner's own life. Less important is the estate to be held for the life of another and the estate which may last for a life, as an estate during widowhood only. Of those arising from the marriage relation, the principal ones are dower, curtesy, and homestead.

(a) Dower. This is the estate which the law provides for the wife out of the real property of the husband. During his life it is but an inchoate right, but upon his death she becomes entitled to an estate for life in one-third of the lands of which he was possessed of an estate of inheritance during the marriage, and in which she has not released her dower right. While he is alive she can convey her right only by joining in a deed with him, or releasing to his grantee. After the husband's death and assignment of dower to the widow, she can convey the dower estate as freely as any other.

(b) Curtesy. This is a life estate created by operation of law for the husband in the lands of which the wife was possessed of an estate of inheritance during the marriage relation. This

estate becomes initiate upon the birth of issue born alive and capable of inheriting the estate, and takes effect in possession upon the death of the wife. In some of the states curtesy has been abolished by statute, and in its place the husband is given an estate similar to dower.

(c) The Homestead. This estate did not exist at common law; it is purely of statutory origin. The object of its creation is to provide for the family a home which shall be exempt from levy and sale under execution for the debts of the head of the family. The exemption rests upon public policy, and is not given from sympathy or charity. The estate is a life estate in its main features. It is generally provided that it shall be for the life of the householder, to the surviving husband or wife, and to the children during minority. The value of the property that may be claimed as a homestead is generally limited by the statute creating it. This varies in different states from $1,000 to $2,000 or thereabouts. The homestead estate may be lost or extinguished in two ways-by conveyance, and by abandonment with intention not to return. It is generally required that the conveyance, to be effective, must contain an express release of the homestead by both husband and wife and be acknowledged by both.

362. Incidents. A life tenant cannot claim compensation for permanent improvements made by him during his tenancy. He is presumed to have made them for his own benefit and convenience. He is bound to keep the premises in ordinary repair, and for this purpose he may cut a reasonable amount of timber for the repair of buildings and fences. He is also entitled to wood for fuel. The tenant, however, must not commit waste, which consists of any permanent and material injury or improper use of the property that impairs the rights of the owner of the fee. He may operate mines or pits already opened, but opening new ones constitutes waste. Upon his death, his administrator may claim emblements. (See Chap. XLVII- Landlord and Tenant.)