Freehold (law): Difference between revisions

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Revision as of 14:11, 22 December 2008 editEsasus (talk \| contribs)2,757 editsm moved Freehold (Scots law) to Freehold (English law): More accurate title← Previous edit		Revision as of 14:41, 22 December 2008 edit undoEsasus (talk \| contribs)2,757 edits re-writeNext edit →
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	'''~~Freehold~~''', also called '''frank-tenement''' and '''franktenement''' is an ~~interest~~ in ] ~~where~~ ~~there~~ is no ~~stated~~ ~~end~~ ~~date,~~ ~~where~~ ~~immovable~~ property ~~might~~ be land and all that naturally goes with it, such as ~~a building or~~ trees or underground resources, but not such things as ~~wagons~~ or livestock (which are movable).		In English law a '''freehold''' (also called '''frank-tenement''' and '''franktenement''') refers to the ownership of ], being the land and all immovable structures attached to such land. This is opposed to a ] in which the property reverts back to the owner of the land after the lease period has expired.<ref>Chris Roberts, Heavy Words Lightly Thrown: The Reason Behind Rhyme, Thorndike Press,2006 (ISBN 0-7862-8517-6)</ref>. ] 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).

			For an estate to be a freehold must possess two qualities: ] (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.<ref>http://dictionary.lawyers-and-laws.com/f/freehold</ref>

	Conditions that apply must have no determinable end date (examples are a life-long holding, or a holding until future marriage).
	<ref>
	{{cite web
	\| title = Scottish Language Dictionaries
	\| url = http://www.dsl.ac.uk/dsl/
	\|accessmonthday=March 1
	\|accessyear=2008
	}}
	</ref>
	<ref>
	{{cite web
	\| title = The Records of the Parliaments of Scotland to 1707
	\| publisher = K.M. Brown et al eds (St Andrews, 2007), 1605/6/39
	\| url = http://www.rps.ac.uk/
	\|accessmonthday=February 15
	\|accessyear=2008
	}}
	</ref>
	<ref>
	{{cite web
	\| title = Dictionary, Lawyers-and-Laws.com
	\| url = http://dictionary.lawyers-and-laws.com
	\|accessmonthday=March 1
	\|accessyear=2008
	}}
	</ref>
	<ref>
	{{cite web
	\| title = The Free Dictionary by Farlex
	\| url = http://legal-dictionary.thefreedictionary.com/
	\|accessmonthday=March 1
	\|accessyear=2008
	}}
	</ref>
	<ref>		<ref>
	{{cite book		{{cite book
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Revision as of 14:41, 22 December 2008

In English law a freehold (also called frank-tenement and franktenement) refers to the ownership of real property, being the land and all immovable structures attached to such land. This is opposed to a leasehold in which the property reverts back to the owner of the land after the lease period has expired.. 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).

For an estate to be a freehold 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.

Additional explanations

A substantial freehold means a "large" holding. In medieval times, this came to mean a holding worth at least 40s Scots.

Sources and References

Chris Roberts, Heavy Words Lightly Thrown: The Reason Behind Rhyme, Thorndike Press,2006 (ISBN 0-7862-8517-6)
http://dictionary.lawyers-and-laws.com/f/freehold
Shumaker, Walter A. (1922). The Cyclopedic Law Dictionary (Second Edition by James C. Cahill ed.). Chicago: Callaghan and Company. {{cite book}}: Unknown parameter |coauthors= ignored (|author= suggested) (help)

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