land law

what is the doctrine of tenure?

The doctrine of tenure concerns how land is held from the Crown. The Crown is technically the ultimate owner of all land in England and Wales, and individuals hold estates in land rather than absolute ownership.

what is the doctrine of estates?

The doctrine of estates concerns the different periods of time for which a person can hold rights in land. An estate gives a person rights to possess, use, control and enjoy land for a particular period.

qhat are the two legal estates recognised by s1(1) LPA 1925?

1. Freehold – fee simple absolute in possession.
2. Leasehold – term of years absolute

what is a freehold estate?

A freehold estate is an interest in land that is of indefinite duration, allowing the owner complete control and possession of the property. This is often represented as a fee simple absolute, which conveys the fullest degree of ownership.

what is a leasehold estate?

A leasehold estate is an estate in land where the tenant is granted exclusive possession of land for a fixed period. Its full legal name is a term of years absolute.

what does fee mean in fee simple absolute in possession?

the estate is capable of being inherited.

What does simple mean in fee simple absolute in possession?

It can pass to any class of heir, meaning the estate is capable of lasting forever.

What does absolute mean in fee simple absolute in possession?

The estate is not determinable or conditional on any event.

What does in possession mean in fee simple absolute in possession?

The owner has an immediate right to possession, rather than an entitlement to possession at some time in the future.

What happens if a freehold owner dies without a will or anyone entitled to inherit?

The property reverts to the Crown.

What is exclusive possession?

The ability for the tenant to control the land and exclude everyone from the land, including the landlord.

What does a term of years mean under s205(1) LPA 1925?

A lease can be of any duration. It does not have to be measured in whole years.

What are the two types of lease?

A) Fixed-term lease.
B) Periodic lease.

What is a fixed-term lease?

A lease for any period, provided the maximum duration is certain.

What is a periodic lease?

A lease for a fixed period which goes on extending itself automatically until either the landlord or tenant terminates the lease by notice.

What is the principle in Lace v Chantler (1944)?

A lease granted for the 'duration of the war' did not create a valid leasehold estate because the duration was uncertain. A lease must have a certain maximum duration.

Can more than one estate exist in relation to the same piece of land?

Yes. For example, a freehold estate and a leasehold estate can coexist in relation to the same land. This is reflected in s1(5) LPA 1925.

Why can a freehold and leasehold estate coexist?

A lease can be created out of a superior estate. For example, a freehold owner can grant a lease to a tenant, meaning the tenant holds the leasehold estate while the landlord retains the freehold estate.