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(p. 59) Part 2 Legal estates 

(p. 59) Part 2 Legal estates
Author(s):

Sandra Clarke

and Sarah Greer

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date: 18 September 2019

One of the most fundamental changes to land law made by the 1925 property legislation was the reduction of the number of legal estates in land to just two: the fee simple absolute in possession (freehold estate) and the term of years absolute (leasehold estate). This chapter focuses on the fee simple absolute in possession, which is the technical name for the freehold estate. It begins by considering each of the terms that make up the legal definition of legal freehold: the ‘fee simple absolute in possession’. Unless an estate satisfies each part of it, the estate cannot be a legal freehold, but must instead be an equitable interest in land. The discussions then turn to the creation and transfer of the legal freehold.

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