70317 Chap.1 Tenure, Estates and the Meaning of Land
Tenure, Estates and the Meaning of Land
Two inherited doctrines
Week 1 begins with tenure and estates, both brought from England in 1788. Tenure says land is held of the Crown, so a person owns an estate in land rather than the land itself.
Estates measure that interest by time: the fee simple lasts indefinitely, a life estate for a life, and a lease for a term.
Reading a grant
Most problem questions on this topic ask who holds what under a grant.
Classify each interest by its measure, decide whether it is freehold, and say who takes when it ends: a remainder holder named in the grant, or the grantor by reversion.
What counts as land
Land includes things fixed to it.
Elitestone Ltd v Morris decided that a chalet resting on pillars had become part of the land because of how and why it was attached, which is the test for fixtures you will apply in practice.
What this chapter covers
- 01
The doctrine of tenure and the Crown's title
- 02
The fee simple and words of limitation
- 03
Life estates and estates pur autre vie
- 04
Reversion versus remainder
- 05
Freehold and leasehold interests
- 06
Fixtures and Elitestone Ltd v Morris
- 07
Rights in rem and rights in personam
Worked example · free
Reading a grant for a life estate and a remainder
- 1Bea's interest is measured by her own life, so she holds a life estate, a freehold that ends at her death.
- 1Sol is named in the same transfer to take after Bea, so he holds a remainder, a present interest with possession postponed.
- 1The words "and his heirs" are words of limitation: Sol's remainder is in fee simple and his heirs take nothing directly.
- 1Hugh has given away the whole fee simple, so no reversion is left; on Bea's death the house passes to Sol.
Key terms
- Reversion
- The part of a grantor's estate not given away, which returns to the grantor when a lesser estate ends.
- Remainder
- An interest given to a third person in the same grant, to take effect when an earlier estate ends.
- Fixture
- A thing attached to land in a way and for a purpose that makes it part of the land.
Tenure, Estates and the Meaning of Land FAQ
Can people own land in Australia?
Strictly, people own estates in land rather than the land itself. Under the doctrine of tenure, land is held of the Crown, which holds the underlying title, while a person's interest is measured as an estate such as the fee simple. In everyday terms the fee simple is ownership, but the legal framing matters in problem answers.
What is the difference between a reversion and a remainder?
Both take effect when an earlier estate, such as a life estate, ends. A reversion returns to the grantor because that part of the estate was never given away. A remainder goes to a third person whom the grantor named in the same grant. Identify who follows to decide which one you have.
Why does the Elitestone case matter for this subject?
It sets out how to decide whether a structure has become part of the land. The House of Lords looked at the degree and purpose of annexation and held that a chalet which could only be removed by destroying it formed part of the land. The same reasoning answers fixture questions on sales and leases.
What is an estate pur autre vie?
It is a life estate measured by the life of someone other than the holder. If land is granted to Ruth for the life of Sam, Ruth's interest ends when Sam dies, whatever happens to Ruth. The tutorial asks you to distinguish it from an ordinary life estate, which is measured by the holder's own life.
Exam move
Make a four-row table of the estates with how each is measured, whether it is freehold and who follows it, then test yourself on new grants until classification is automatic. Practise one fixture question by naming the degree and purpose of annexation before concluding. Revisit the Week 1 revision list and define each term without notes, checking against the textbook rather than online summaries.
As a stretch exercise, write one paragraph explaining why a 999-year lease with an option to renew is still not a fee simple, the question the Week 7 slide poses, because it tests whether you understand estates as measures of time.
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