The freehold estates

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The freehold estates

<op>1.18 The rich taxonomy of estates in medieval land law provided for a number of freehold estates which together facilitated the fragmentation of ownership and conferred enormous flexibility in the management of landed wealth. The substitution of abstract estates in land as the object of proprietary rights enabled grantors to preside over almost endless disaggregations of title through the conferment of successive freehold estates (eg where X granted Greenacre to A for life, then to B in tail, and finally to C in fee simple). Each successive interest could enjoy an immediate jural reality as of the date of the original grant; and each was freely commerciable (ie mortgageable) long before the estate in question actually fell into possession (4.4). The freehold estates, in their most basic form, comprised the following:

<sp>- The estate in fee simple denoted (and still denotes) tenure of potentially unlimited duration, the amplest estate which a tenant can have in or over land. The fee simple confers 'the widest powers of enjoyment in respect of all the advantages to be derived from the land itself and from anything found on it' (Wik Peoples v Queensland (1996) per Gummow J), and