Also known as: leases for years · term of years · estate for years
Written by attorneys · grounded in primary & secondary sources — see below
An estate whose duration is fixed in units of a year or multiples or divisions thereof. The term begins and ends at a definite time without dependence on any life or will of a party.
Brook Connect leased its building rooftop to Bright Satellite under a signed document stating a twenty-year term and monthly rent. The writing identified the parties, premises, and rent amount. Bright Satellite took possession and paid as agreed. The fixed calendar term satisfied the requirement for an estate for years.
Lamar Lewis signed a lease with Landmark Realty for retail space stating a five-year term beginning January 1. The document fixed the end date by calendar and required annual rent payments. Lewis took possession and operated his store. The definite yearly term created an estate for years.
Bright Satellite leased an equipment room from Brook Connect under a signed writing stating a ten-year term and quarterly rent. Brook Connect accepted the payments and allowed installation of towers and cabling. The fixed calendar term satisfied the requirement for an estate for years.
Select any source to read its text and confirm it supports the definition.
Levi Lowe signed a lease with Linden Logistics for an apartment stating a three-year term and monthly rent. Lowe moved in and paid rent on time. The lease fixed the end date by calendar year units. The definite term created an estate for years.
Logan Lane leased a storage unit from Lattice Systems under a writing stating a one-year term beginning March 1. Lane stored equipment and paid the annual rent in advance. The calendar-based end date fixed the duration in yearly units. The agreement created an estate for years.
Lillian Locke subleased office space from Lumen Capital for a two-year term ending December 31. The writing identified the parties, premises, and rent. Locke took possession and operated her business. The fixed yearly term produced an estate for years.
An estate for years ends on a fixed calendar date measured in yearly units. A life estate ends upon the death of a named person and cannot be fixed to a computable period. The Restatement definition requires the duration to be stated in years or fractions of years rather than by reference to a human life.
Supporting sources
Yes. The base term remains fixed in yearly units even if rent may be adjusted at stated intervals. The renegotiation clause does not make the duration uncertain because the end date is still computable from the calendar. Courts focus on whether the term itself is stated in years rather than on ancillary payment terms.
Supporting sources
Substantial performance clearly referable to the oral terms converts the arrangement into a valid ten-year estate for years. The statute of frauds is satisfied by the parties' conduct when the actions match the discussed duration and rent. The tenant therefore holds an estate for years despite the missing writing.
Supporting sources
An estate for years has a definite end date fixed in yearly units. An estate at will has no designated period and may be terminated at any time by either party. The presence of a fixed calendar term prevents classification as an estate at will.
Supporting sources
…the exclusive navigation of all the waters within the jurisdiction of that State, with boats moved by fire or steam, for a term of years, are repugnant to that clause of the constitution of the United States, which authorizes Congress to regulate commerce, so far as the said acts prohibit vessels licensed, according to the…