Privity of estate is a mutual or successive legal relationship to the same right in real property, such as the relationship between a
landlord
A landlord is the owner of a house, apartment, condominium, land, or real estate which is rented or leased to an individual or business, who is called a tenant (also a ''lessee'' or ''renter''). When a juristic person is in this position, the ...
and
tenant
Tenant may refer to:
Real estate
*Tenant, the holder of a leasehold estate in real estate
*Tenant-in-chief, in feudal land law
*Tenement (law), the holder of a legal interest in real estate
*Tenant farmer
*Anchor tenant, one of the larger stores ...
. Thus, privity of estate refers to the legal relationship that two parties bear when their estates constitute one estate in law.
Privity of estate involves rights and duties that run with the land if original parties intend to bind successors, and the rights touch and concern the land. Privity of estate traces the land of
plaintiff
A plaintiff ( Π in legal shorthand) is the party who initiates a lawsuit (also known as an ''action'') before a court. By doing so, the plaintiff seeks a legal remedy. If this search is successful, the court will issue judgment in favor of the p ...
and
defendant
In court proceedings, a defendant is a person or object who is the party either accused of committing a crime in criminal prosecution or against whom some type of civil relief is being sought in a civil case.
Terminology varies from one jurisdic ...
back to a common owner, who imposed the restriction on the land's use. That is referred to as "vertical privity."
Within the context of a landlord-tenant relationship, tenant generally cannot transfer the
tenancy
A leasehold estate is an ownership of a temporary right to hold land or property in which a lessee or a tenant holds rights of real property by some form of title from a lessor or landlord. Although a tenant does hold rights to real property, a l ...
or privity of estate between himself and his landlord without the landlord's
consent
Consent occurs when one person voluntarily agrees to the proposal or desires of another. It is a term of common speech, with specific definitions as used in such fields as the law, medicine, research, and sexual relationships. Consent as und ...
. An
assignee
An assignment is a legal term used in the context of the law of contract and of property. In both instances, assignment is the process e
whereby a person, the ''assignor'', transfers rights or benefits to another, the ''assignee''.For the assig ...
who comes into privity of estate is liable only while he continues to be the legal assignee: while he is in possession under the assignment.
See also
*
Privity of contract
The doctrine of privity of contract is a common law principle which provides that a contract cannot confer rights or impose obligations upon any person who is not a party to the contract.
The premise is that only parties to contracts should be ab ...
Notes
{{reflist
Landlord–tenant law