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Understanding Land Ownership and Rights

Land is defined in the Law of Property Act 1925 as encompassing various forms of property, including both tangible and intangible assets. Ownership of land is limited to an 'estate in land', meaning individuals do not own the land outright but rather have rights associated with it. There are two main types of legal estates in land: freehold and leasehold.

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Subhamit Ganguly
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27 views1 page

Understanding Land Ownership and Rights

Land is defined in the Law of Property Act 1925 as encompassing various forms of property, including both tangible and intangible assets. Ownership of land is limited to an 'estate in land', meaning individuals do not own the land outright but rather have rights associated with it. There are two main types of legal estates in land: freehold and leasehold.

Uploaded by

Subhamit Ganguly
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Define land:

Land' is defined in the Law of Property Act 1925, section 205(1)(ix): "Land includes land of
any tenure, and mines and minerals, whether or not held apart from the surface,
buildings or parts of buildings (whether the division is horizontal, vertical or made in any
other way) and other corporeal hereditaments".
This definition is confusing, but essentially means that land includes both property one can
touch and other property one cannot physically. Land law rights attach to the land itself so that
any person who comes into ownership or possession of the land may be entitled to enjoy the
benefits that now come with the land or may be subject to the burdens imposed on the land.
It is only possible to own 'an estate in land' (i.e. if you buy a house you do not actually own
the land, but own an estate in land. This is because all land is vested in the crown).
Minister of State for the Army v Dalziel (1944): "no subject can own lands allodially – he can
own only an estate in law".
There are two types of legal estate in land:
1. Estate in fee simple absolute in possession (i.e. a "freehold");
2. Term of years absolute (i.e. a "leasehold") (Law of Property Act 1925, section 1(1)(a)).
In other words, one can only own the freehold or leasehold of property.

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