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THE DOCTRINE OF ESTATE

LAND LAW (PROPERTY LAW) | Page 1 of 8
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DOCTRINE OF ESTATE In law, estate is not the land; rather, it is the tape with which the law measures a person‟s right to seisin (possession). The tape can measure a year, 50 years, a life time or even forever. Seisin is noun, the verb is seised. Thanks to the ingenuity of the English man. It is possible for two or more persons to have interest over the same portion of land (black acre as it is legally called), each having varying period or sizes. The doctrine of estate originated from the feudal land tenure in England. After the Norman Conquest, the king took over ownership of all lands and then apportioned them to warlords and generals who assisted him. The generals in turn gave portions to their lieutenants and it continued in a similar train. The final man on the land who actually cultivates and use the land enjoy seisin. That is why it is said that seisin and possession is one and similar others who have interest in the land have constructive possession and not actual possession. So, that one parcel of land may be engaged by several persons successively. One person enjoys seisin and it continues. However, it is only one person that can enjoy seisin or possession at a time. Classification/Types of Estate Broadly, estates are classified into two broad heads: 1. Estate of free-hold, and 2. Estate of less than free-hold. Free-hold Estate An estate of free-hold is one which is indeterminate at the time of grant. An estate for life is a perfect example of a free-hold estate. By granting an estate for life, it means that the holder/grantee enjoys it for life until he dies. By implication, the duration of the estate cannot be determined because no one knows or can tell when the holder of the estate will die. Also, a fee simple estate as well as estate