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A freehold, in common law jurisdictions or Commonwealth countries such as England and Wales, Australia, [1] Canada, Ireland, India and the United States, is the common mode of ownership of real property, or land, [a] and all immovable structures attached to such land.
The right to ownership of the property after the death of the life estate owner is called the remainder estate. In England and Wales fee simple is the only freehold estate that remains; a life estate can only be created in equity and is not a right in property.
In the law of England and Wales, originally a freehold property included the ground, everything below it and everything above it. [Notes 1] By the 13th century, the courts had begun to accept that one freehold could overhang or underlie another. This concept was settled law by the 16th century. [1]
Freehold (law), the tenure of property in fee simple; Customary freehold, a form of feudal tenure of land in England; Parson's freehold, where a Church of England rector or vicar of holds title to benefice property
Freehold ("More permanent") conveyances of real estate are covered by real estate contracts, including conveying fee simple title, life estates, remainder estates, and freehold easements. Real estate contracts are typically bilateral contracts (i.e., agreed to by two parties) and should have the legal requirements specified by contract law in ...
A lease and release is a form of conveyance of real property involving the lease of land by its owner to a tenant, followed by a release (relinquishment) of the landlord's interest in the property to the tenant. This sequence of transactions was commonly used to transfer full freehold title to real estate under real property law.
An estate in land is, in the law of England and Wales, an interest in real property that is or may become possessory. [1] [2] It is a type of personal property and encompasses land ownership, rental and other arrangements that give people the right to use land.
The Law of Property Act 1925 (15 & 16 Geo. 5. c. 20) provides the core of modern English land law. It reduced the number of estates recognised at common law to two (freehold and leashold). It also made it easier to transfer interests in land.