ABSTRACT

Interests in land may be fragmented under the doctrine of estates. Where this occurs, different types of estates and interests are created over a single piece of land. For example, the owner of land may hold a fee simple reversion in the land whilst a third party retains a leasehold interest. Fragmentation under the doctrine of estates is based upon time: freehold estates exist indefinitely, whilst non-freehold estates must exist for a specified period of time. Interests in land may also be fragmented according to the jurisdiction in which they are enforced. Hence, an estate in land may be legal in nature or, where it is not recognised by the common law, it may be equitable in nature.