the landlord's consent, as where he has had notice to quit. If the landlord consents to the holding over, the tenancy becomes one from year to year. If he does not consent, he may by proper proceedings have the tenant removed from the land. Most states now have statutes forbidding a forcible entry by the landlord.

The above estates may be thus outlined:

159. Future estates in land: reversions and remainders. When an estate for life or for years is created, there is an estate in residue to commence in possession when the life estate or estate for years ends. Such an estate is either a reversion or a remainder.

1. Reversions. A reversion is the residue left in the grantor or his heirs after the granting of the lesser estate. It commences in enjoyment only when the lesser estate is ended. Meanwhile it can be freely disposed of and other lesser estates may be carved out of it.

Examples: 1. R leases land to T for ten years. R has a reversion in the land to commence in possession when T's leasehold expires.

2. R afterwards grants L a life estate in the land. R now has a reversion to commence in possession when both T's and L's estates are at an end. L's estate for life is subject to T's leasehold, and can commence in possession only when T's estate is ended. Should L die before T's tenancy expires, the life estate would be of no value.

3. R may sell his reversion and the grantee will get the same rights R had. So also L and T may sell their estates.

2. Remainders. A remainder is an estate granted to take effect in possession at the termination of another estate created by the same instrument. The other estate must be less than a fee-simple, for nothing remains to be granted after a feesimple. A remainder is vested if the person who is to have it is in being and ascertained; it is contingent if the person is not in being or is uncertain, but it becomes vested when such person is ascertained. A vested remainder may be transferred, and if not transferred it will pass to the heir of the remainderman upon the death of the latter.

Examples: 1. X grants by deed a life estate to L and a remainder in fee to R. R has a vested remainder, and may sell or otherwise dispose of it. 2. X grants by deed a life estate to L with a remainder for life to M and the remainder in fee to R. Here M has a remainder for life after L's death, and R a remainder in fee to be enjoyed in possession after the death of both L and M.

3. X grants a life estate to L with the remainder in fee to L's eldest son. L has no son. The remainder is contingent. If a son be born to L, the remainder is then vested in the son.

4. X grants a life estate to L with the remainder to L's eldest son living at L's death. The remainder is contingent and cannot become vested until L's death, and then only if there be a son of L then living. Should there be none, the estate would revert to X or his heirs.

A grant to L for life with a remainder in fee "to his heirs " was construed at common law to give a fee to L. This is known as the "rule in Shelley's case." This technical rule has been abolished by statute in many states, but as it remains in some it is undesirable to use that phrase to describe the remainder-men.

160. Estates held jointly or in common. Any estate in land may be owned by one person in severalty or by two or more concurrently. The two principal concurrent estates are known as a joint tenancy and a tenancy in common.

Joint tenancy. When two or more persons were granted an estate together by the same instrument, the common law construed the estate to be one in joint tenancy unless the language showed some different intent. The characteristic of the estate was that if one of the persons died the survivors took his share to the exclusion of his heirs or devisees. Many statutes now provide that such an estate shall be a tenancy in common.

Example. X devised by will his farm to his three sons, A, B, and C. This was a joint tenancy. If A died, B and C owned the farm. If B then died, C owned it in severalty. But if A conveyed his interest to D, the joint tenancy was destroyed and it became a tenancy in common by B, C, and D. (A devise or grant to A, B, and C would now in many states be held to create a tenancy in common.)

Tenancy in common. When two or more persons hold undivided interests in land under separate instruments, or under an instrument which shows an intent that each shall hold his interest as a separate or individual one, there is a tenancy in common; and statutes now generally provide that all conveyances or devises to two or more shall be deemed to be tenancies in common unless expressed to be joint tenancies, and that heirs shall take as tenants in common. The characteristic is that on the death of a tenant in common his share goes to his heirs or devisees. The tenancy may be ended by a partition of the estate.

Example. X devises his farm to A, B, and C as tenants in common. Each owns an undivided one third. On the death of one his part will go to his heirs. They may partition the farm so that each will get a definite portion of it in severalty. Should A purchase B's and C's portions, A would own the whole farm in severalty.

Partnership real estate. As a partnership is not a legal entity it cannot take title to real estate, and a conveyance to the partnership would be ineffective for want of a grantee. The title is conveyed to the partners individually, and they become tenants in common, but hold the property subject to partnership debts and to the final accounting among themselves. Upon the death of a partner, title to his share in the realty goes to his heirs, but they hold it practically in trust for the partnership business until that is wound up.

Tenancy by entireties. When an instrument conveys lands to two persons who are husband and wife, they take an estate by the entireties. The characteristic is that whichever survives gets the whole estate, and this result cannot be defeated by a prior conveyance by the deceased party. This estate has been somewhat modified by statute.

Community property. In Arizona, California, Idaho, Louisiana, Nevada, New Mexico, Texas, and Washington, whatever is acquired by the labor or efforts of either a husband or his wife after the marriage belongs one half to each. This does not include property owned at the time of the marriage, or property received by way of gift, devise, or descent.

This idea came through the civil (modern Roman) law at a time when the Spanish or the French owned the territory from which these states were carved.

161. Equitable estates: trusts. It is also possible to divide the estates in land so that one person has the recognized estate and title in a law court and another person in an equity court, and thus create what are known as trusts. A trust is the obligation enforced in an equity court against the holder of the legal title to property (the trustee) to account to another person (the beneficiary) for the income and profits of the property.

Example 1. X devises lands to T to receive the rents and income and pay the same to B during B's life, and then to convey to C. T has the legal title in fee-simple. B has an equitable life estate and C has an equitable fee in remainder. No one could disturb T's title in a law court; but in an equity court B and C may compel him to perform the trust. When B dies there must be a conveyance to C, who will then have the legal title.

A charitable trust is one created for the benefit of the public or of an indefinite number of persons constituting a class of the public. Such trusts are enforced by a public officer, usually the attorney-general of a state.

Example 2. X conveys land or other property to T (and his successors to be named by the court), to receive the rents and profits and apply the same to the relief of the poor of the city of A, or to the maintenance of a school, or to maintain a public park, etc.

II. LAND: ITS CONSTITUENTS, GROWTHS, AND FIXTURES

162. Extent of ownership: soil, air, minerals, waters. When one owns land he controls the space above and below it. If limbs of trees project into the air above his land, he may cut them off to the boundary line. If roots grow into his soil from an adjoining estate, he may cut them off. He owns all the minerals in the land, including mineral oils and gases, subject only to any reserved right in the state. In England all gold and silver mines belonged at common law to the king, but in this country such rights are in the landowner. Congress has

provided by legislation for the establishment of mining claims in public lands.

A lode or vein (a line of metal imbedded in quartz or rock) may be located to the extent of 1500 feet in the direction in which it runs, and 300 feet on each side. A placer (ground containing mineral in earth, sand, or gravel in a loose state) may be located by one person to the extent of 20 acres, or by eight persons in association to the extent of 160 acres. The locator of a claim must do work thereon at least to the extent of $100 in each year, or he forfeits his claim.

One owns the waters if he owns the land under them, except that in flowing streams he cannot unreasonably divert the waters to the damage of a lower owner. If he owns the waters, he owns the ice formed on them. Lands under navigable waters generally belong to the state. This is almost invariably true as to tide waters, but states differ as to the ownership of the lands under navigable streams. In the case of lakes the larger ones generally belong to the state, while smaller ones belong to private persons. If one owns the fee under waters, he has the exclusive right to fish in such waters. 163. Vegetable products. Vegetable products are divided into two classes.

1. Fructus naturales. Vegetable products that are not the result of annual labor and fertilizing are classed as perennials, or fructus naturales. Such are trees, bushes, and grasses. Some perennials, as hops, have been excluded because the crop is dependent upon annual cultivation. Fruit upon trees and bushes has usually been included, although often the result of annual cultivation. Fructus naturales are regarded as a part of the realty.

2. Fructus industriales. Vegetable products that are the result of annual labor and fertilization are classed as fructus industriales, or emblements. Such are grains, vegetables, and other annual crops. These are regarded as personalty and not as a part of the realty. If one has an estate of uncertain duration, and it is terminated before the crops he has planted have ripened, he or his representatives may enter and cultivate and gather the crops. But if his tenancy is for a definite period, he