Week 2 - Estates DOCTRINE OF ESTATE: Differs because of what interest of those people have in the land Cf. tenure land crown and subjects. Estate is the property itself Estates . Diagram shows the relationship, the crown being able to grant/allocate parcels of land known as wasteland 2 types of Estate · Freehold Section Property Law Act (PLA) 19 o Fee simple o Life estate o Fee tail (now abolished) · Leasehold Property Law Act 1974 Part 3 Freehold estates [s 19 Part 3 19 Freehold estates capable of creation Freehold estates After the commencement of this Act the following estates of freehold shall be capable of being created and, subject to this Act, of subsisting in land- (a) estate in fee simple; (b) estate for life or lives. . By enlarge, fee simple is the best interest an individual can have in land . The crown has the benefical ownership . The grant of fee simple is best unrestrictive interest a person can have, they can sell it, pass it down through a will etc
Fee Tail abolished) (now Property Law Act 1974 Part 3 Freehold estates [s 19] Part 3 Freehold estates 19 Freehold estates capable of creation After the commencement of this Act the following estates of freehold shall be capable of being created and, subject to this Act, of subsisting in land- (a) estate in fee simple; (b) estate for life or lives. Creation of Fee Simples . The power of the Crown to allocate its land to people, s 14 of the Land Act 1994 to grant fee simple from allocated state land Chapter 2 Land allocation Part 1 Allocation powers 14 Governor in Council may grant land (1) The Governor in Council may grant, in fee simple, unallocated State land, an operational reserve, rail land or approved land. (2) The Governor in Council may also grant, in fee simple in trust, unallocated State land for use for a community purpose. Page 46 Authorised by the Parliamentary Counsel Current as at 3 July 2017 The lifeline of a fee simple Creation of Life Estate Doctrine Waste [P163-164] of . Conceptually, created by the Crown by allocated lot to an individual, in fee simple. Pass it down in generation then sell it · . EG: my house to Peter for the course of his life, and then to Sarah = Peter has a life estate. Sarah has a future interest (fee simple) . Life Estate would be categorised as Freehold because it would not have a particular time line because we don't know how long someone is going to live for . Leasehold = for a stated period of time (10 years 20 years etc) · Life tenants have an obligation to protect the property for later interest o Voluntary waste - obligations to not permit voluntary waste which is positive act such as tearing down the wall etc o Equitable waste - obligation to not permit equitable waste, such as negligent act of destruction,