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Omnipotence Sui Juris
Yesterday at 1:44am ·
No Jurisdiction (Territory) can take your absolute rights, so they created hereditaments and attached EVERYTHING including your rights to the lands. When one grants a Life Estate the life estate gets split into 2 pieces, REAL and Personal.
The individual(donor) that grants a life Estate only has a use and is called fee-simple, this is attached to the lands(hereditaments).
The real is the land and all the natural resources attached including hereditaments.
Personal is Equity, the individual in fee-simple only has the equitable use of things, you do not own it you can only prosper equity threw its use.
This NEW capacity bars the individual from the REAL Property and only has access the the equitable waste the individual can create and nothing more.
The civil individual can remove the life estate followed by the statutes that created the life estate.
PRINCIPLES OF THE LAW OF REAL PROPERTY. BOOK THE FIRST. OF REAL PROPERTY.
OF REAL PROPERTY; and first, of CORPOREAL [ 16 ]
HEREDITAMENTS. Pg 31
The objects of dominion or property are things, as contradistinguished from persons : and things are by the law of. England distributed into two kinds; things real, and personal. things personal. Things real are such as are permanent, fixed, and immoveable, which cannot be carried out of their place ; as lands and tenements : things personal are goods, money, and all other moveables; which may attend the owner’s person wherever he thinks proper to go.
In treating of things real, the subject of the present work, let us consider, first, their several sorts or kinds ; secondly, the tenures by which they may be holden ; thirdly, the estates which may be had in them ; and, fourthly, the title to them, and the manner of acquiring and losing it.
First, with regard to their several sorts or kinds, things Things real real are usually said to consist in lands, tenements, or hereditaments. Land comprehends all things of a permanent, substantial nature ; being a word of a very extensive signification, as will presently appear more at large. Tenement is a word of still greater extent, and though in its vulgar acceptation is only applied to houses and other buildings, yet in its original, proper, and legal sense, it [ 17 ] signifies every thing that may be holden, provided it be of a permanent nature ; whether it be of a substantial and sensible^ or of an unsubstantial ideal kind. Thus liberum tenementum, franktenement, or freehold, is applicable not only to lands and other solid objects, but also to offices, rents, commons, and the like;^ and, as lands and houses are tenements, so is an advowson a tenement ; and a franchise, an office, a right of common, a peerage, or other property of the like unsubstantial kind, are, all of them, legally speaking, tenements. But an hereditament, says Sir Edward Coke, is by much the largest and most comprehensive expression : for it includes not only lands and tenements, but whatsoever may be inherited, be it corporeal, or incorporeal, real, personal, or mixed. Thus an heir-loom, or implement of furniture which by custom descends to the heir together with an house, is neither land, nor tenement, but a mere moveable : yet, being in- heritable, is comprised under the general word hereditament: and so a condition, the benefit of which may descend to a man from his ancestor, is also an hereditament.
Hereditaments then, to use the largest expression, are of two kinds, corporeal and incorporeal. Corporeal consist of such as affect the senses ; such as may be seen and handled by the body : incorporeal are not the object of sensation, can neither be seen nor handled, are creatures of the mind, and exist only in contemplation.
Corporeal hereditaments consist wholly of substantial permanent objects ; all which may be comprehended consist. under the general denomination of land only. For landy says Sir Edward Coke, comprehendeth in its legal signification any ground, soil, or earth whatsoever ; as arable, meadows, pastures, woods, moors, waters, marshes, furzes, and heath. It legally includeth also all castles, houses, and other buildings : for they consist, saith he, of two things ; Land ; its land, which is the foundation, and structure thereupon : SO that, if I convey the land or ground, the structure or building passeth therewith. It is observable that water is here mentioned as a species of land,
OF INCORPOREAL HEREDITAMENTS
An incorporeal hereditament is a Right issuing: out of a thing Corporate (whether real or personal) or concerning, or annexed to, or exercisible within, the same.^ It is not the thing corporate itself, which may consist in lands, houses, jewels, or the like ; but something collateral thereto, as a rent issuing out of those lands or houses, or an office relating to those jewels.
Incorporeal hereditaments are principally of ten sorts ; Of ten sorts, advowsons, tithes, commons, ways, offices, dignities, franchises, corodies or pensions, annuities, and rents
OF THE TITLE TO REAL PROPERTY in general.
The foregoing books having been principally employed in defining the nature of things real, in describing the tenures by which they may be holden, and in distinguishing the several kinds oi estate or interest that may be had therein; I come now to consider, lastly, the title to things real, with the manner of acquiring and losing it.
A title is thus defined by Sir Edward Coke,* titulus est Dettnition of jmta causa possidendi id quod nostrum est; or, it is the * means whereby the owner of lands hath the just possession of his property.
There are several stages or degrees requisite to form a
complete title to lands and tenements. We will consider
them in a progressive order.
The lowest and most imperfect degree of title consists in the mere naked possession, or actual occupation of the estate; without any apparent right, or any shadow or pretence of right, to hold and continue such possession. This may happen, when one man invades the possession of another, and by force or surprise turns him out of the occupation of his lands; which is termed a disseisin, being a deprivation of the actual seisin.
The next step to a good and perfect title is the right of possession, which may reside in one man, while the actual possession is not in himself but in another. For if a man be disseised, or otherwise kept out of possession, by any of the means before-mentioned, though the actual possession be lost, yet he has still remaining in him the right of possession ; and may exert it whenever he think proper, by entering upon the disseisor, and turning him out of that occupancy which he has so illegally gained. But this right of possession is of two sorts : an apparent right of possession, which may be defeated by proving a better; and an actual right of possession, which will stand the test against all opponents.
Subject to be Continued ~
Everything You Need to Know About Fee-Simple with a Life Estate
The Most Important Lesson in Understanding How You are Screwed by the Words https://marythomasspearsblog.wordpress.com/2017/04/15/the-most-important-lesson-in-understanding-how-you-are-screwed-by-the-words-used/