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Estates in Land, s 1(1)(a) LPA 1925, s 1(1)(b) LPA, Commonhold and…
Estates in Land
Introduction
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At the time of the Norman Conquest, the ownership of all land in England became vested in the Crown.
We don’t actually own land, just a right to possess the land.
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Freehold Estate
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A right of possession that lasts until the owner dies without heirs (without any blood relatives and without having disposed of it by will).
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Absolute = the estate isn’t liable to end prematurely (meaning it’s not determinable or subject to a condition).
In possession = the fee simple owner has a current right to use and enjoy the property. Physical possession isn’t necessary here and includes receiving rent if the property is let to a tenant under a lease.
If the current owner dies without a next of kin and without a will, the land is regarded as bona vacantia and the estate reverts to the Crown.
Leasehold Estate
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The leaseholder (tenant) may grant a lease of a lesser duration out of their leasehold (a sub-lease)
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If the grantor holds a leasehold estate, the residue is known as the leasehold reversion.
When the lease ends, the right to physical possession of the land automatically reverts to the landlord.
Commonhold
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Not a new estate in land but one created out of a freehold registered estate designed to meet the needs of owners of apartments/ other properties where the owners are independent of each other.
No overall landlord but there is a freehold owner (a company called a commonhold association). The owner of each flat is a member of the association.
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