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Privity of Estate Vs Privity of Contract

As a professional, I am pleased to introduce you to the concept of privity of estate versus privity of contract. In legal terms, both of these concepts are important to understand, especially when it comes to property law. So, let`s dive into the details.

Privity of estate refers to the relationship between parties who have an interest in the same property. This interest can be either a legal interest or an equitable interest. A legal interest is based on a legal right that is recognized by the law, such as ownership, while an equitable interest is based on an interest that is recognized in equity, such as a trust.

In a privity of estate relationship, the parties are bound by the same rules and regulations that govern the property. For example, if a landlord rents a property to a tenant, both the landlord and the tenant are bound by the lease agreement that outlines the terms and conditions of occupying the property.

On the other hand, privity of contract refers to the relationship between parties who have entered into a contract with each other. In this case, the parties are bound only by the terms of the contract and not by any other rules or regulations that govern the property.

For example, if a landlord rents a property to a tenant, the landlord and the tenant are bound by the lease agreement only. If the landlord sells the property to a new owner, the new owner is not bound by the lease agreement unless they agree to take over the lease.

It is important to note that privity of estate and privity of contract are not mutually exclusive. In some cases, the two concepts may overlap. For example, if a landlord sells a property to a new owner, and the new owner agrees to take over the lease, then both privity of estate and privity of contract are present.

In conclusion, privity of estate and privity of contract are important concepts to understand in property law. Privity of estate refers to the relationship between parties who have an interest in the same property, while privity of contract refers to the relationship between parties who have entered into a contract with each other. Understanding these concepts is crucial in navigating property transactions and legal disputes.

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সম্পাদক: অধ্যাপক মোঃ শাহাদাত হোসেন, প্রধান সম্পাদক: জাহাঙ্গীর আলম হৃদয়, প্রকাশক: আবু সাঈদ ইকবাল মাসুদ সোহেল, মিডিয়া ভিশন লন্ডন থেকে প্রকাশিত।   ঢাকা কার্যালয় (অস্থায়ী): শহীদ ভিলা, বাসা- ২৫, কাঠালবাগান, গ্রীনরোড, ঢাকা-১২০৫