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Version status: In force | Document consolidation status: Updated to reflect all known changes
Version date: 1 December 2009 - onwards
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11. Restrictions on legal estates and interests.

(1) The only legal estates in land which may be created or disposed of are the freehold and leasehold estates specified by this section.

(2) For the purposes of subsection (1), a "freehold estate" means a fee simple in possession and includes -

(a) a determinable fee,

(b) a fee simple subject to a right of entry or of re-entry,

(c) a fee simple subject only to -

(i) a power of revocation,

(ii) an annuity or other payment of capital or income for the advancement, maintenance or other benefit of any person, or

(iii) a right of residence which is not an exclusive right over the whole land.

(3) For the purposes of subsection (1), a "leasehold estate" means, subject to sections 12 and 14, the estate which arises when a tenancy is created for any period of time or any recurring period and irrespective of whether or not the estate -

(a) takes effect in immediate possession or in future, or

(b) is subject to another legal estate or interest, or

(c) is for a term which is uncertain or liable to

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