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THE DOCTRINE OF ESTATE

LAND LAW (PROPERTY LAW) | Page 2 of 8
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pur autre vie (estate for the life of another) are other examples of a free-hold estate Fee Simple Estate The full word is „fee simple absolute‟. The word “fee” indicates that the estate is inheritable either by the children or collateral relatives. An estate for life cannot be inherited because it exists as long as the grantee lives and terminates or extinguishes as soon as he dies. The word “simple” indicates that the donee‟s descendants or ascendants or collateral relations can inherit the estate. By implication, the property is not encumbered or fettered in any manner. For example, if property is given to A for life and B in fee simple, the fee simple is not absolute so long as A is alive. It is encumbered by A‟s life estate. Another example is if A mortgage his land to Wisdom Bank Ltd and sells the same land in fee simple to B, B‟s estate cannot be in fee simple absolute because it is encumbered by the mortgage created before the grant/sale. Estate less than free-hold Estate less than free-hold is one the duration of which can be known from the date it is granted. Examples of this type of estate are essentially leases and tenancy. A lease must have a definite duration. Read pages 183-186 – Chianu of sale of Land Habendum The habendum clause sets out the estate – the term the vendor sells to the purchaser. Freehold estate includes life estate, estate pur autre vie, and fee simple or absolute estate. A fee simple can be in possession of the grantee who can enter upon grant but this may not always be the case. For instance, the vendor may have granted a lease for 10 years to Comrade Wisdom and in the second year of the lease transfers the same land to Nicholas in fee simple. Nicholas who receives the grant in fee simple would not be in