FREEHOLD

freehold,n.1. An estate in land held in fee simple, in fee tail, or for term of life; any

real-property interest that is or may become possessory. • At common law, these estates were all

created by enfeoffment with livery of seisin. [Cases: Estates in Property 4–7, 12. C.J.S. Estates

• § 10–14, 20–27.] 2. The tenure by which such an estate is held. — Also termed freehold estate;

estate in freehold; freehold interest; franktenement; liberum tenementum. Cf. LEASEHOLD.

determinable freehold.See determinable estate under ESTATE(1).

movable freehold.The land a seashore owner acquires or loses as water recedes or approaches.

[Cases: Navigable Waters 44. C.J.S. Navigable Waters § 94.]

perpetual freehold.An estate given to a grantee for life, and then successively to the grantee’s

heirs for life. • The effect of this type of freehold was to keep land within a family in perpetuity,

much like a fee tail.

“It took the form of a grant ‘to A for life, remainder to A’s son for life, remainder to that son’s

son for life’, and so on ad infinitum. Such a limitation, if valid, would have been an effective

substitute for the fee tail. The courts, however, set their face against this ‘perpetual freehold’ (as it

was sometimes termed), and in Lovelace v. Lovelace (1585) it was held that remainders which did

not vest before the determination of the first life estate would fail ex post facto. Subsequently a

number of other, not entirely convincing, reasons were found for invalidating perpetual freeholds,

ultimately culminating in what is sometimes termed the ‘old’ rule against perpetuities, but, more

commonly, the rule in Whitby v. Mitchell, taking its name from the case which marked its

emphatic reiteration.” Peter Butt, Land Law 136 (2d ed. 1988).[Blacks Law 8th]