CHAPTER II. 



FORMS OF PRIVATE POSSESSION OF LAND AND 

 INCIDENTS THEREOF 



8. Ownership in Fee. An owner of land in fee 

 simple is, under the common law, subject to no restrictions 

 as to the manner in which he shall manage the property, 

 provided he does not use it in such manner as to injure the 

 persons or property of others; but there are important re- 

 strictions as to the use of real estate which must be observed 

 by persons who are in possession of it under a title which 

 is less than a fee simple. 



9. Tenancy in Tail. Under the common law estates 

 in tail might be created. Real estate held in tail did not 

 descend to the holder's heirs generally but only to the 

 heirs of his body; i. e., his lawful issue. Through failure 

 of issue, the estate ended with the death of the tenant. 

 The holder did not have the full control over the disposition 

 of the property which was enjoyed by one holding a fee 

 simple title. Estates in tail no longer exist in the United 

 States. 



10. Tenancy in Entirety. This is the tenancy by 

 which husband and wife hold land conveyed or demised 

 to them by a single instrument which does not expressly 

 require them to hold it by another form of tenancy. There 

 is butt a single estate between the two. Neither is liable 

 for waste during such tenancy. 1 The rights, privileges 

 and duties of the husband and wife as to timber on estates 

 thus held will require no separate discussion. In a few 

 American states property acquired during marriage takes 

 a peculiar status as community property which is held in 

 equal shares by the husband and wife. 



11. Tenancy in Common. Tenants in common are 



1. Davis v. Gilliam, 40 N. C. 308. 



8 



