are not common in
this country. Another kind of life estate is that which is acquired, not
by the acts of the parties, as by lease, but by the operation of law.
Such is the right of a husband to the real estate of his wife acquired
by her before or after marriage. Such also is the right of dower. (Chap.
XLVIII, Sec.6, 7. Chap. LI, Sec.7.)
Sec.4. An _estate for years_ is a right to the possession and profits of
land for a determinate period, for compensation, called rent; and it is
deemed an estate for years, though the number of years should exceed the
ordinary limit of human life. And if a lease should be for a less time
than a year, the lessee would be ranked among tenants for years. Letting
land upon shares for a single crop is not considered a lease; and
possession remains in the owner.
Sec.5. A lessee for years may assign over his whole interest to another,
unless restrained by agreement not to assign without leave of the
lessor. And he may underlet for any less number of years than he himself
holds; but he is himself liable to the landlord.
Sec.6. A tenant for years, whose lease expires after the land is sown or
planted, and before harvest, is not entitled to the crop, if the lease
is for a certain period; for, knowing that his lease would expire before
harvest time, he might have avoided the loss of his labor. But if the
lease for years depends upon an uncertain event, the occurring of which
would terminate the lease before the expiration of the term, the tenant
would be entitled to the crop, if there were time to reap what has been
sown, in case he should live. It is believed that, in a few states, the
tenant has a right to the crop from grain sown in the autumn before the
expiration of the lease, and cut the next summer after its expiration.
Sec.7. Where there is an express agreement to pay rent, the tenant can not
avoid payment even if the premises are destroyed by fire or flood, or if
he is in any other manner deprived of their enjoyment and use, even
without any default on his part. Hence, if land should be leased with a
flock of sheep, and the sheep should die, the full rent must be paid.
But if the land should be recovered from the tenant by a person having a
better title than that derived from his landlord, he is not liable for
rent after his use of the land has ceased.
Sec.8. A tenant can not make repairs at the expense of the landlord, or
deduct the cost of them out of the rent, unless by speci
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