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A lease, in fact being a bargain and sale upon some pecuniary consideration for one year or some other nominal term, is made by the bargainor of a whole freehold (with no fetter on alienation) to a lessee who is in fact the bargainee (buyer), "by the force of the Statute made for transferring Uses into possession". This, without any enrolment ...
It is in contrast to a leasehold, in which the property reverts to the owner of the land after the lease period expires or otherwise lawfully terminates. [3] For an estate to be a freehold, it must possess two qualities: immobility (property must be land or some interest issuing out of or annexed to land) and ownership of it must be forever ...
A leasehold estate is an ownership of a temporary right to hold land or property in which a lessee or a tenant has rights of real property by some form of title from a lessor or landlord. [1] Although a tenant does hold rights to real property, a leasehold estate is typically considered personal property .
The sale of land is governed by the laws and practices of the jurisdiction in which the land is located. Real estate called leasehold estate is actually a rental of real property such as an apartment, and leases (rental contracts) cover such rentals since they typically do not result in recordable deeds.
As a legal term, ground rent specifically refers to regular payments made by a holder of a leasehold property to the freeholder or a superior leaseholder, as required under a lease. In this sense, a ground rent is created when a freehold piece of land is sold on a long lease or leases. [1] The ground rent provides an income for the landowner. [2]
Rentcharge is a legal device which permitted an annual payment to be continually levied on a freehold property. A deed made with the parties' knowledge is legally effective against land to effect this and has been lawful since the 1290 Statute of Quia Emptores ().
There are four categories of leasehold estates: estate for years (a term of year absolute or tenancy for years)—lease of any length with specific begin and end date; periodic estate (periodic tenancy)—automatically renewing lease (month to month, week to week) estate at will (tenancy at will)—leasehold for no fixed time or period. It ...
Section 1 sets out the basic structure of the newly reformed legal estates—"an estate in fee simple absolute in possession" (commonly referred to as freehold), and "a term of years absolute" (leasehold). Old estates in land—fee tail and life interests—are converted by s.1 so as to "take effect as equitable interests". Section 3 sets out ...