hold; estates for years are chattels real; and estates at will are chattel interests, but are not liable as such to sale on execution. En. March 21, 1872. Cal.Rep.Cit. 113, 353. § 766. Estates for life of a third person, when a freehold, etc. An estate, during the life of a third person, whether limited to heirs or otherwise, is a freehold. En. March 21, 1872. Am'd. 1873-4, 218. § 767. Future estates, limitations of. A future estate may be limited by the act of the party to commence in possession at a future day, either without the intervention of a precedent estate, or on the termination, by lapse of time or otherwise, of a precedent estate created at the same time. En. March 21, 1872. Cal.Rep.Cit. 49, 374; 98, 451; 136, 141. Future interests: See post, sec. 739 et seq. § 768. Reversions. A reversion is the residue of an estate left by operation of law in the grantor or his successors, or in the successors of a testator, commencing in possession on the determination of a particular estate granted or devised. En. March 21, 1872. Cal. Rep.Cit. 134, 322. $769. Remainders. When a future estate, other than a reversion, is dependent on a precedent estate, it may be called a remainder, and may be created and transferred by that name. En. March 21, 1872. Cal.Rep.Cit. 120, 84. § 770. Suspended ownership. The absolute ownership of a term of years cannot be suspended for a longer period than the absolute power of alienation can be suspended in respect to a fee. En. March 21, 1872. Am'd. 1873-4, 218. § 771. Suspension by trust. The suspension of all power to alienate the subject of a trust, other than a power to exchange it for other property to be held upon the same trust, or to sell it and reinvest the proceeds to be held upon the same trust, is a suspension of the power of alienation, within the meaning of section 715. En. March 21, 1872. Cal.Rep.Cit. 58, 481; 108, 647; 108, 648; 108, 656; 121, 382; 772. Contingent remainder in fee. A contingent remainder in fee may be created on a prior remainder in fee, to take effect in the event that the persons to whom the first remainder is limited die under the age of twentyone years, or upon any other contingency by which the estate of such persons may be determined before they attain majority. En. March 21, 1872. Cal.Rep.Cit. 58, 474; 124, 537; 128, 9. 58, 476; 58, 480; 79, 622; 119, 146; § 773. Remainders, future and contingent estates, how created. Subject to the rules of this title, and of part I of this division, a freehold estate, as well as a chattel real, may be created to commence at a future day; an estate for life may be created in a term of years, and a remainder limited thereon; a remainder of a freehold or chattel real, either contingent or vested, may be created, expectant on the determination of a term of years; and a fee may be limited on a fee upon a contingency, which, if it should occur, must happen within the period prescribed in this title. En. March 21, 1872. Cal.Rep. Cit. 120, 84; 128, 9; 136, 141. 8774. Limitation of successive estates for life. Successive estates for life cannot be limited, except to persons in being at the creation thereof, and all life estates subsequent to those of persons in being are void; and upon the death of those persons the remainder, if valid in its creation, takes effect in the same manner as if no other life estate had been created. En. March 21, 1872. Am'd. 1873-4, 219. § 775. Remainders. No remainder can be created upon successive estates for life, provided for in the preceding section, unless such remainder is in fee; nor can a remainder be created upon such estate in a term for years, unless it is for the whole residue of such term. En. March 21, 1872. Am'd. 1873-4, 219. 776. Contingent remainder on a term of years. A contingent remainder cannot be created on a term of years, unless the nature of the contingency on which it is limited such that the remainder must vest in interest during the continuance or at the termination of lives in being at the creation of such remainder. En. March 21, 1872. Cal. Rep.Cit. 136, 141. § 777. Remainder of estates for life. No estate for life can be limited as a remainder on a term of years, except to a person in being at the creation of such estate. En. March 21, 1872. $778. Remainder upon a contingency. A remainder may be limited on a contingency which, in case it should happen, will operate to abridge or determine the precedent estate; and every such remainder is to be deemed a conditional limitation. En. March 21, 1872. Cal.Rep.Cit. 120, 84. $779. Heirs of a tenant for life, when to take as purchasers. When a remainder is limited to the heirs, or heirs of the body, of a person to whom a life estate in the same property is given, the persons who, on the termina-. tion of the life estate, are the successors or heirs of the body of the owner for life, are entitled to take by virtue of the remainder so limited to them, and not as mere successors of the owner for life. En. March 21, 1872. Cal Rep.Cit. 70, 559; 104, 299; 104, 301. 780. Construction of certain remainders. When a remainder on an estate for life or for years is not limited on a contingency defeating or avoiding such precedent estate, it is to be deemed intended to take effect only on the death of the first taker, or the expiration, by lapse of time, of such term of years. En. March 21, 1872. 781. Effect of power of appointment. A general or special power of appointment does not prevent the vesting of a future estate limited to take effect in case such power is not executed. En. March 21, 1872. Cal.Rep.Cit. 132, 558. CHAPTER II. TERMINATION OF ESTATES. Tenancy at will may be terminated by notice. 789. 790. Effect of notice. 791. $792. 793. Re-entry, when and how to be made. Summary proceedings in certain cases provided for. § 789. Tenancy at will may be terminated by notice. A tenancy or other estate at will, however created, may be terminated by the landlord's giving notice in writing to the tenant, in the manner prescribed by section 1162 of the Code of Civil Procedure, to remove from the premises within a period of not less than one month to be specified in the notice. En. March 21, 1872. Cal.Rep.Cit. 56, 129; 66, 447; 67, 471; 69, 320; 101, 428; 105, 19; 113, 19; 113, 540. Changing terms of tenancy: See sec. 827, post. $790. Effect of notice. After such notice has been served, and the period specified by such notice has expired, but not before, the landlord may re-enter, or proceed according to law to recover possession. En. March 21, 1872. Cal.Rep.Cit. 66, 447. § 791. Re-entry, when and how to be made. Whenever the right of re-entry is given to a grantor or lessor in any grant or lease, or otherwise, such re-entry may be made at any time after the right has accrued upon three days' notice, as provided in sections 1161 and 1162, Code of Civil Procedure. En. March 21, 1872. Cal.Rep.Cit. 56, 129; 56, 130; 63, 52; 66, 447; 138, 79. § 792. Summary proceedings in certain cases provided for. Summary proceedings for obtaining possession of real property forcibly entered, or forcibly and unlawfully detained, are provided for in sections 1159 to 1175, both inclusive, of the Code of Civil Procedure. En. March 21, 1872. An action $ 793. Notice not necessary before action. for the possession of real property leased or granted, with a right of re-entry, may be maintained at any time, in the district court, after the right to re-enter has accrued, without the notice prescribed in section 791. En. March 21, 1872. Cal.Rep.Cit. 98, 425. CHAPTER III. SERVITUDES. Servitudes attached to land. Servitudes not attached to land. Designation of estates. By whom grantable. By whom held. Extent of servitudes. Apportioning easements. Rights of owner of future estate. Actions by owner and occupant of dominant tenement. How extinguished. § 801. Servitudes attached to land. The following land burdens, or servitudes upon land, may be attached to other land as incidents or appurtenances, and are then called easements: 1. The right of pasture; 2. The right of fishing; 3. The right of taking game; 4. The right of way; 5. The right of taking water, wood, minerals, and other things; 6. The right of transacting business upon land; 7. The right of conducting lawful sports upon land; 8. The right of receiving air, light, or heat from or over, or discharging the same upon or over land; 9. The right of receiving water from or discharging the same upon land; 10. The right of flooding land; 11. The right of having water flow without diminution or disturbance of any kind; 12. The right of using a wall as a party wall; 13. The right of receiving more than natural support from adjacent land or things affixed thereto; 14. The right of having the whole of a division fence maintained by a coterminous owner; |