Will, Estate At - Definition - Law Dictionary Home Dictionary Definition will-estate-at

Definition :

Will, Estate at. This estate entitled the grantee or lessee to the possession of land during the pleasure of both the grantor and himself, yet it creates no sure or durable right, and is bounded by no definite limits as to duration. It must be at the reciprocal will of both parties expressly or by implication (Co. Litt. 55 a), and the dissent of either determines it. The grantee cannot transfer the estate to another, although after he has entered into possession he may accept a release of the inheritance from the grantor, for there exists a privity between them. It must end at the death of either party, for death deprives a person of the power of having any will. If a lessee for years accept an estate at will in the property lease, his term of years would in law be surrendered.

An estate at will is created either by the stipulation or express agreement of the parties, or by construc-tion of law.

S. 54 of the Law of Property Act, 1925, enacts that a lease by parol for a longer term than three years shall have the force and effect of an estate at will only.

A tenant-at-will is entitled to emblements where his estate is determined by the lessor or by his death, and his personal representatives are entitled to them where the estate is determined by his own death; but if the lessee forfeit or determine the estate himself he is not then entitled to them. He is not bound to maintain or repair the premises, but is liable for wilful waste.

We have seen that either party may determine this estate. The lessor can do so by an express declaration that the lessee shall hold no longer, which should either be made on the land or notice of it served upon the lessee. But if he exercise any right of ownership, unless it be with the lessee's consent, inconsistent with the enjoyment of the estate, as entering upon the land, cutting down trees demised, making a transfer or lease for years to commence immediately, the estate will be determined. So also if the lessee commit an act of desertion or do anything inconsistent with his estate as assigning it to another person to the landlord's knowledge, or committing waste, but a verbal declaration that he will hold the lands no longer does not determine his estate unless he at the same time waive possession.

If the lessor determine his estate, the tenant-at-will shall have reasonable ingress and egress to take away his goods and chattels without being a trespasser, Co. Litt. 56 a. But the mere demand of possession by the lessor determines the will [Doe d. Nicholl v. M'Kaeg, (1830) 10 B&C 721]. Consult Woodfall or Foa on Landlord and Tenant