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A freehold, in common law jurisdictions or Commonwealth nations such as England and Wales, Australia, [1] Canada, Ireland, India and twenty states in the United States, is the common mode of ownership of real property, or land, [a] and all immovable structures attached to such land.
The fee simple estate is also called "estate in fee simple" or "fee-simple title", or sometimes simply "freehold" in England and Wales. From the start of the Norman period, when feudalism was introduced to England, the tenant or "holder" of a fief could not alienate (sell) it from the possession of his overlord.
Allodial title is therefore an alternative to feudal land tenure. [2] However, historian James Holt states that "In Normandy the word alodium, whatever its sense in other parts of the Continent, meant, not land held free of seigneurial services, but land held by hereditary right", and that "alodium and feodum should be given the same meaning in ...
Freehold (law), the tenure of property in fee simple; Customary freehold, a form of feudal tenure of land in England; Parson's freehold, where a Church of England rector or vicar of holds title to benefice property
Under the English feudal system several different forms of land tenure existed, each effectively a contract with differing rights and duties attached thereto. Such tenures could be either free-hold if they were hereditable or perpetual or non-free if they terminated on the tenant's death or at an earlier specified period.
Freeholding lease – after approval is granted, convert a lease to freehold, and the lessee pays the purchase price in installments. This is an interim tenure; freehold title is not issued until all purchase costs have been paid. All land in the Australian Capital Territory (ACT) is leasehold, issued with 99-year leases.
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Qualified freehold title – the title is subject to a fundamental defect. There is no guarantee in respect of the specified defect. It may be upgraded to absolute title if registrar is satisfied as to the title – s.62 LRA. In the case of leasehold estates, one of the following grades of title may be awarded according to s. 12 of the act: