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6 Cards in this Set
- Front
- Back
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Intro |
It is regarded as a fee simple but with the obligations of a leaseholder, such as the performance of covenants or payments of rent. It has the characteristics of a fee simple estate, but usually subject to certain covenants and restrictions. |
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LCLRA Impact |
The creation of any new fee farm grant is prohibited. S12 holds that any such lease for life or lives renewable will be treated as a legal fee simple. It will not be possible to create a fee simple subject to the payment of rent. However, existing fee farm grants will not be affected. |
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Classifications of Fee Farm Grants |
-Those creating feudal tenure (found mainly in NI but critisized as possibly illegal, although a number of statutes enacted may have provided for them.) -Those arising from leasehold conversion (mainly the renewable leasehold conversion act) -Those created under Deasy's Act (no longer necessary for landlord to retain a right of reversion) -Grants subject to perpetual rent charge (doubtful any were created followed Deasy's Act)
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Words of Limitation |
No particular words necessary under the Renewable Leasehold Conversion Act 1891 as per Re Johnstons Estate, probably as the fee farm grant was a creature of statute rather than common law. Standard formula; "to hold the said premises unto the grantee and his heirs and assigns forever" |
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Recovery of Rent |
-Action for Debt -Distress (seizing property on the land) -Ejectment |
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Redemption |
The grantee would obtain an unencumbered fee simple in the land. This can be done via private transaction and is covered by the Rent Redemption Act created by Conversion/Deasy's Acts. It did not apply to rent charges and there is doubt as to whether it applied to feudal fee farm grants. |
