Estate at will

An estate in lands which the tenant has, by entry made thereon under a demise, to hold during the joint wills of the parties to the same. Co. Lift. 55 a; Tud. L. Cas. R. P. 10; 2 Bla. Com. 145: 4 Kent 110. Estates properly at will are of very infrequent occurrence, being generally turned into estates for years or from year to year by decisions of the courts or by st:itute; 4 Kent 115; Tud. L, Cas. R. P. 14; Lesley v. Randolph, 4 Rawle (Pa.) 123; 1 Term 159. They may be created by express words or may arise by implication of law. Where created by express contract, the writing necessarily so indicates, and reserves the right of termination to either party, as where the lease provides that the tenant shall occupy the premises so long as agreeable to both parties; 4 Taunt. 128; Say v. Stoddard. 27 contract, or where the tenant enters into possession under an agreement to execute a contract for a specific term and he subsequently refuses to do so, or where one enters under a void lease, or where he holds over pending negotiations for a new lease; Thompson v. Baxter, 107 Minn. 122,. 119 N. W. 797, 21 L. R. A. (N. S.) 575. The chief characteristics of this form of tenancy are (1) uncertainty respecting the term and (2) the right of either party to terminate it by proper notice. See Tenancy at Suffeeance.

A species of estate less than freehold, where lands and tenements are let by one man to another, to have and to hold at the will of the lessor; and the tenant by force of this lease obtains possession. 2 Bl. Com. 145. 4 Kent's Com. 110. Litt. sect. 68. Or it is where lands are let without limiting any certain and determinate estate. Id. 2 Crabb's Real Prop. 403, § 1643. Cruise Dig. tit. ix. ch. 1.