Privity of estate
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| Property law |
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| Part of the common law series |
| Acquisition of property |
| Gift · Adverse possession · Deed |
| Lost, mislaid, or abandoned |
| Treasure trove |
| Alienation · Bailment · License |
| Estates in land |
| Allodial title · Fee simple · Fee tail |
| Life estate · Defeasible estate |
| Future interest · Concurrent estate |
| Leasehold estate · Condominiums |
| Conveyancing of interests in land |
| Bona fide purchaser |
| Torrens title · Strata title |
| Estoppel by deed · Quitclaim deed |
| Mortgage · Equitable conversion |
| Action to quiet title |
| Limiting control over future use |
| Restraint on alienation |
| Rule against perpetuities |
| Rule in Shelley's Case |
| Doctrine of worthier title |
| Nonpossessory interest in land |
| Easement · Profit |
| Covenant running with the land |
| Equitable servitude |
| Related topics |
| Fixtures · Waste · Partition |
| Riparian water rights |
| Lateral and subjacent support |
| Assignment · Nemo dat |
| Other areas of the common law |
| Contract law · Tort law |
| Wills and trusts |
| Criminal Law · Evidence |
- See also: Assignment (law)
Privity of estate is the concept in property law that there is a legal relationship between a landlord and a tenant, with shared rights and responsibilities.
The landlord and tenant share an interest in the same property. When the tenant transfers his interest in the property to another person, called the assignee, all covenants in the original lease "that touch and concern the land" are binding on the assignee. Privity of estate flows to that person, allowing the assignee to sue the landlord.
Generally, there are three types of privity:
Horizontal = requires that a covenant arises from a transfer of estate.
Mutual = both parties involved have stake in the land.
Vertical = requires that the person currently claiming the benefit, or being subject of the burden, is a successor of the original person so benefited or burdened.
See Gallagher v. Bell, 69 Md. App. 199, 516 A.2d 1028 (1986).
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