Definition of privity of estate
Further reading
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.
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.
References:
- Wiktionary. Published under the Creative Commons Attribution/Share-Alike License.
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