Privity of estate


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PRIVITY OF ESTATE. The relation which subsists between a landlord and his tenant.
     2. It is a general rule that a termor cannot transfer the tenancy or privity of estate between himself and his landlord, without the latter's consent: an assignee, who comes in only in privity of estate, is liable only while he continues to be legal assignee; that is, while in possession under the assignment. Bac. Ab. Covenant, E 4; Woodf. L. & T. 279; Vin. Ab. h: t.; Hamm. on Part. 132. Vide Privies.

References in periodicals archive ?
The doctrinal reason is that privity of estate exists between the landlord and whoever occupies the status of tenant.
To impose real covenant liability on a title owner, a plaintiff must establish privity of estate connecting its claim with the defendant's obligation.
Since there is a mere privity of estate, the successor lessee's taking possession of the premises does not give rise to a legally implied agreement that the successor lessee is assuming the entire lease and all of its covenants.