Privity of estate

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Privity of estate is a "mutual or successive relation to the same right in property",[1] such as the relationship between a landlord and tenant. That is, privity of estate refers to the legal relationship two parties bear when their estates constitute one estate in law.

Privity of estate involves rights and duties

  1. that run with the land,
  2. that original parties intend to bind successors, and
  3. that touch and concern the land.

A tenant generally cannot transfer the tenancy or privity of estate between himself and his landlord, without the landlord's consent. An assignee who comes into privity of estate is liable only while he continues to be the legal assignee—while in possession under the assignment.[2]

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”.

See Also[edit]

Notes[edit]

  1. ^ Barron's Law Dictionary, p. 366 (2d ed. 1984).
  2. ^ [1]