Que Estate

Que estate [quorum statum, Lat.], as much as to say, whose estate he has. Where prescriptive rights are claimed by reason of the continuous and immemorial enjoyment thereof by the claimant, a person seised in fee, and by all those whose estate he has, this is called a prescription in a que estate. The phrase is taken from the Norman French: that he, and all those whose estate he has, have from time immemorial enjoyed the right-tous ceus que estate il ad.-Williams on Rights of Common, p. 16. A person cannot prescribe in anything by a que estate that lies in grant, and cannot pass without deed or fine; but in him and his ancestors he may, because he comes in by descent without any conveyance, Co. Litt. 121 a; 2 Bl. Com. 264; 2 Br. & Had.Com. 419. A prescription in a que estate for a profit a prendre in alieno solo without stint and for commercial pur-poses is unknown to the law, Harris v. Chesterfield (Earl), 1911 AC 623. See PRESCRIPTION.