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Thread: What is mean by “Limited estate”

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    Word Icon 35px Jpg.ashx What is mean by “Limited estate”

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    What is mean by “Limited estate”
    (1) Interest for life: Can be created only by grant either testamentary or inter vivos. In such an interest, the holder has the right to manage the property and to appropriate the income or profits arising there from but has no right to alienate the property or any part thereof so as to bind the reversioner. Such estates are created usually under settlement as provision for maintenance and under compromises in disputes relating to property.
    (2) Interest for a term exceeding three years: This includes leases and mortgages with possession which are granted for a term exceeding three years. It is not the period for which the lessee remains in possession but the term fixed at the inception of the lease is contemplated by the provision. Thus a lease from year to year which continues for more than three years will not attract the application of section 16. It is also clear that if the lease is initially for a period not exceeding three years the fact that the lessee holds over will not make it a lease granted for a term exceeding three years even if the total period is more than three years.
    Resistance by servient owner necessary: The resistance to the enjoyment of the right by the dominant owner is necessary in order to avail of the benefit of section 16. The resistance must come from the servient owner who comes to hold the property after the determination of the limited interest. The resistance must be within three years of the determination of the limited interest. If resistance is not made within this time there is a presumption in law that the servient owner has acquiesced in the enjoyment of the right during the period the limited interest lasted, and he cannot claim exclusion of this period.
    Determination of the lease: A lease is taken to have determined for the purpose of section 16 as soon as the term of demise expires. If the lessee does not vacate possession on the expiration of the lease, but holds over, the period for which he holds over would not call forth the application of section 16.
    Exclusion from computation: If the servient owner, having satisfied the conditions of this section, becomes entitled to the relief, the relief which he obtains under the section is that the period during which the estate is in possession of a limited holder is deducted from the total period for which the dominant owner has enjoyed the easement. If the prescriptive period of enjoyment is so large that even after deduction is made under this section period of more than twenty years is left, the dominant owner would be entitled to the easement.
    Successive limited holders: Should the servient tenement happen to vest in successive limited holders either for life or for a term of years exceeding three, the strict interpretation of the wording of section 16 would entail the consequence that deduction under this section would be possible only in respect of the last limited estate but not the previous limited estates. To take concrete instances, if the servient owner demises his tenement for a term of five years, and on the expiration of this lease makes another demise of five years, to another or even the same lessee, and within three years of the expiration of the second lease contests attempted prescription, it would seem that the servient owner would be entitled to deduct the five years of the first lease, since the attempted prescription is contested five years after, though within eight years of, the expiration of the first lease, that is to say, more than three years after the expiration of the first lease.









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