Types of Landholding or "Ownership"

Types of Landholding

by Dellon-Dale BENNETT

TYPES OF LANDHOLDING OR “OWNERSHIP”

1. Fee simple or freehold

2. Fee tail

3. Life estate

4. Leasehold

​The Fee simple or Freehold

​This is the closest one will get to “owning land”. Remember that all lands are owned by the state. However, the owner has the latitude to dispose of his interest by sale or otherwise, conferring on his successor, similar rights

as those previously held by him, subject only to such encumbrances which

run with the land, such as easements and restrictive covenants.

The Fee Tail

​A concept that is only of historical interest and value in our jurisdiction,

the fee tail was a form of free hold transferable for the lifetime of the

grantee’s heirs.

The Life estate

A life estate is conferred on a “life tenant” or “tenant for life”. It is an interest

that is granted for the duration of the life of the life tenant. It is generally

used by a spouse, husband or wife who has children or grandchildren that

they want to benefit from a property in land. It usually reads:

​

(a) To Melrose for life and thereafter to Kalfani and Zoeie or

(b) To Kalfani during the life of Melrose and thereafter to Zoeie

The Life estate

Upon Melrose’s death, the life estate ends and the property passes to

Kalfani and Zoeie (remaindermen) who will own the fee simple. The Life

tenant, as Melrose is known, can enjoy the property fully, benefitting from

the rents and profits and may even sell the property, at which point the

proceeds of sale are to be held in trust for Kalfani and Zoeie, with Melrose

benefitting from the interest until her death.

Leasehold

A leasehold is held at the pleasure of the fee simple owner or another

leaseholder. Where a leaseholder grants a lease, this is known as a sub

lease. The parties to a lease are called respectively, lessor (owner of land or

superior lease) and lessee (the tenant). A lease is not held indefinitely, it is

held for what is called a term which is usually months or years. The lessee

is entitled to certain rights and these include the right to have the property

properly maintained and the right to quiet enjoyment.

Cases

Leigh v Taylor [1902] AC 157

Burke v Bernard [1930] LRBG 55

Mitchell v Cowie [1963] 5WIR 409

Fields v Modeste & Joseph