Michaelmas next for twenty years, this is good; but to hold from Michaelmas next for the term of his natural life, is void. For no eſtate of freehold can commence in futuro; becauſe it cannot be created at common law without livery of ſeiſin, or corporal poſſeſſion of the land: and corporal poſſeſſion cannot be given of an eſtate now, which is not to commence now, but hereafter[1]. And, becauſe no livery of ſeiſin is neceſſary to a leaſe for years, ſuch leſſee is not ſaid to be ſeiſed, or to have true legal ſeiſin, of the lands. Nor indeed does the bare leaſe veſt any eſtate in the leſſee; but only gives him a right of entry on the tenement, which right is called his intereſt in the term, or intereſſe termini: but when he has actually ſo entered, and thereby accepted the grant, the eſtate is then and not before veſted in him, and he is poſſeſſed, not properly of the land, but of the term of years[2]: the poſſeſſion or ſeiſin of the land remaining ſtill in him who hath the freehold. Thus the word, term, does not merely ſignify the time ſpecified in the leaſe, but the eſtate alſo and intereſt that paſſes by that leaſe: and therefore the term may expire, during the continuance of the time; as by ſurrender, forfeiture, and the like. For which reaſon, if I grant a leaſe to A for the term of three years, and after the expiration of the ſaid term to B for ſix years, and A ſurrenders or forfeits his leaſe at the end of one year, B's intereſt ſhall immediately take effect: but if the remainder had been to B from and after the expiration of the ſaid three years, or from and after the expiration of the ſaid time, in this caſe B's intereſt will not commence till the time is fully elapſed, whatever may become of A's term[3].
Tenant for term of years hath incident to, and inſeparable from his eſtate, unleſs by ſpecial agreement, the ſame eſtovers, which we formerly obſerved[4] that tenant for life was entitled to; that is to ſay, houſe-bote, fire-bote, plough-bote, and hay-bote[5]: terms which have been already explained[6].
