Topic 3 - Freehold Estates Flashcards
Rights under an estate are dependent upon;
- Duration
2. Limitations based on the nature of the ownership.
Characteristics of a Freehold Estate
A) Indefinite Period
B) Only in relation to land
Fee Simple; definition
Rights that have the potential to last forever and that can be freely alienated
Fee Simple Absolute
This is where a fee simple is held in possession without any modifications, limitations or conditions
Determinable Fee
Fee simple is granted subject to the continuation of a certain state of affairs; when this state of affairs ends the interest automatically reverts to the grantor
Fee Simple Upon a Condition; Types
Condition Subsequent,
Condition Precedent
Condition subsequent
Interest granted subject to the future fulfillment of a condition; not an automatic reversion, must be re-entered by grantor.
Condition Precedent
Transferee does not receive the fee simple ownership until the condition has been fulfilled.
Re McDonneell [1965]; Freedom of Alienation
Stipulation in will that land couldn’t be sold or assigned to anyone outside of family held as invalid.
Re Dunne [1998]; Insufficient Clarity
The condition stipulated that the grantee never sell the lands to a family with whom the grantor had a long-standing animosity.
The description of the persons intended to be covered by the condition was too vague and
uncertain to be effective.
Re Coghlan [1963]; Composite Conditions
Two elements to the condition: requirement to marry and requirement to come and reside.
Looked to the intention of the testator and found that where conditions are supplementary they cannot be separated, and the trust must be voided.
Conditions may not offend public policy; Marriage
No condition may absolutely prohibit marriage, courts will look at extent of restriction and its certainty.
Re Boulter: Conditions may not offend public policy; Children
Children may not be required to live apart from their parents or guardians - note relevance of economic factors here
Conditions may not offend public policy; Names Arms Clauses
Require the grantee to use a particular name and coat of arms in the future; the Irish courts do not favour these clauses
Re Burke’s Estate: Conditions may not offend public policy; Religion
A gift of maintenance and education in a Roman Catholic school was left in a will to a minor, but
would be forfeited if the minor ceased to practise the religion, per the stipulations of the testatrix.
Issues under: practicability of determination, parent;s right to choose education, equality and non-discrimination.
