Estates

The rights which a person has to control and use the land. All estates in land are created by deeds except for cases up to three years (s.54(2), LPA 1925).

Freehold estates: (unlimited time period)

Fee simple - Estate does not end until all possible heirs/blood relations are dead.

Fee tail -  estate ends with death of direct descendents

Leasehold estates: (limited time period)

Life estate - Lasts as long as the named person lives

You can have a Leasehold estate within a Freehold estate.

There are two types of legal estates:

Fee simple absolute in possession - freehold estate

Term of years absolute - leasehold estate

Before the 1925 Act there could be equitable freehold estates. Now fee tail, life estate etc are equitable interests rather than estates in land.

Fee simple is held on trust to give effect to these lesser interest in equity