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A freehold, in common law jurisdictions or Commonwealth countries such as England and Wales, Australia, [1] Canada, Ireland, India and the United States, is the common mode of ownership of real property, or land, [a] and all immovable structures attached to such land.
Moiety is a Middle English word for one of two equal parts under the feudal system. [4] Thus on the death of a feudal baron or lord of the manor without a male heir (the eldest of whom would inherit all his estates by the custom of male primogeniture) but with daughters as heiresses, a moiety of his fiefdom would generally pass to each daughter, to be held by her husband.
In property law, land-related covenants are called "real covenants", " covenants, conditions and restrictions " (CCRs) or "deed restrictions" and are a major form of covenant, typically imposing restrictions on how the land may be used (negative covenants) or requiring a certain continuing action (affirmative covenant).
A deed is a legal document that is signed and delivered, especially concerning the ownership of property or legal rights. Specifically, in common law, a deed is any legal instrument in writing which passes, affirms or confirms an interest, right, or property and that is signed, attested, delivered, and in some jurisdictions, sealed.
A good title consists of the combination of these three (possession, right of possession, and right of property) in the same person(s). The extinguishing of ancient, forgotten, or unasserted claims, such as E's in the example above, was the original purpose of statutes of limitations. Otherwise, title to property would always be uncertain.
Lord Cottenham LC held that a prior covenant may bind future owners if the covenant touched and concerned the land, the original covenantees intended the covenant to bind future owners, and the future owners with the same land had notice of the covenant. Under Law of Property Act 1925 section 78, successors in title to the person named to ...
An estate in land is, in the law of England and Wales, an interest in real property that is or may become possessory. [1] [2] It is a type of personal property and encompasses land ownership, rental and other arrangements that give people the right to use land.
Possessory freehold title – there is no documentary evidence of title (e.g. lost title deeds). Title depends on adverse possession. It conveys no guarantee of title at the time of registration, but subsequent problems (e.g. forgery of proprietor's signature) will be covered by the guarantee. It can be upgraded into absolute title after being ...