THE CONCEPT OF FREEHOLD AND LEASEHOLD UNDER NIGERIAN LAND USE ACT OF 1978
THE CONCEPT OF LEASEHOLD AND FREEHOLD UNDER THE NIGERIAN LAND USE ACT OF 1978
Written by IMIETE, AKEBIN ONYIGHI
INTRODUCTION
The term estate as indicates an interest in land of some particular duration is of different kinds.1 There are different kinds of estates. Estates are basically divided into two: Freehold estate and Leasehold estate.2 Under the English common law doctrine of estate there are three estates of freehold: (a) fee simple, (b) fee tail and (c) life estates. Fee simple and life estate have always existed in English law. The fee tail was introduced by statute in 1925.3 Before considering the concept of freehold and leasehold within the purview or ambit of the Land Use Act of 1978 in detail a brief account of each must be given.
FEE SIMPLE: originally, this was an estate which endures for so long as the original tenant or any heirs (blood relations and their heirs and so on) survived. Thus at first a fee simple terminate if the original tenant died without leaving any descendants or collateral blood relations (e.g., brothers or cousins), even before his death, the land had be conveyed to another tenant who was still alive.4 But in 1306, it was settled that where a tenant in fee simple alienate the land, the fee simple would continue as long as there were heirs of the new tenant and so on irrespective of any failure of the original tenant’s heir.5 Therefore, a fee simple was virtually eternal, subject only to escheat if the tenant for the time being died leaving on heir.
FEE TAIL: this was an estate which continues for so long as the original tenant or any of his descendants survived. Thus if the original tenant died leaving no relative except a brother a fee simple would continue but a fee tail would come to an end.6
LIFE TAIL: As its name indicates, this lasted for life only. The name “life estate” usually denoted that the measuring life was that of the tenant himself.7
LEASEHOLD: is an ownership of a temporary right to hold land or property in
Written by IMIETE, AKEBIN ONYIGHI
INTRODUCTION
The term estate as indicates an interest in land of some particular duration is of different kinds.1 There are different kinds of estates. Estates are basically divided into two: Freehold estate and Leasehold estate.2 Under the English common law doctrine of estate there are three estates of freehold: (a) fee simple, (b) fee tail and (c) life estates. Fee simple and life estate have always existed in English law. The fee tail was introduced by statute in 1925.3 Before considering the concept of freehold and leasehold within the purview or ambit of the Land Use Act of 1978 in detail a brief account of each must be given.
FEE SIMPLE: originally, this was an estate which endures for so long as the original tenant or any heirs (blood relations and their heirs and so on) survived. Thus at first a fee simple terminate if the original tenant died without leaving any descendants or collateral blood relations (e.g., brothers or cousins), even before his death, the land had be conveyed to another tenant who was still alive.4 But in 1306, it was settled that where a tenant in fee simple alienate the land, the fee simple would continue as long as there were heirs of the new tenant and so on irrespective of any failure of the original tenant’s heir.5 Therefore, a fee simple was virtually eternal, subject only to escheat if the tenant for the time being died leaving on heir.
FEE TAIL: this was an estate which continues for so long as the original tenant or any of his descendants survived. Thus if the original tenant died leaving no relative except a brother a fee simple would continue but a fee tail would come to an end.6
LIFE TAIL: As its name indicates, this lasted for life only. The name “life estate” usually denoted that the measuring life was that of the tenant himself.7
LEASEHOLD: is an ownership of a temporary right to hold land or property in