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Freehold (law)

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Freehold (law)

In certain jurisdictions, including the UK's England and Wales and Scotland, a freehold (also called frank-tenement and franktenement) is the ownership of real property, being land[1] and all immovable structures attached to such land. This is opposed to a leasehold in which the property reverts to the owner of the land after the lease period has expired.[2] Immovable property includes land and all that naturally goes with it, such as buildings, trees or underground resources, but not such things as vehicles or livestock (which are movable).

A freehold estate could be transferable to the owner's "heirs and assigns" (successors by inheritance or "purchase" [including gift], respectively), in which case it was a "fee simple" estate. When transfer, by inheritance or otherwise, was limited to lineal descendants ("heirs of the body"/"heirs of the blood") of the first person to whom the estate was given, this was a "fee tail" estate. There were also freehold estates not of inheritance, such as an estate for life.

For an estate to be a freehold it must possess two qualities: immobility (property must be land or some interest issuing out of or annexed to land), and ownership of it must be of an indeterminate duration. If the time of ownership can be fixed and determined, then it cannot be a freehold.

A freeholder, or one who is in freehold, was therefore not a vassal.

Notes

  1. ^ Strictly speaking, all land in England, Wales and Scotland belongs to the Crown. Freehold is ownership of an estate in land rather than the land itself. This distinction dates back to the Middle Ages and makes relatively little difference nowadays, so legal authorities often do not bother to distinguish between ownership of the land and ownership of an estate.
  2. ^
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