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At common law, the ownership of all the land in the country is vested in the Crown
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| Submitted: Thu Jul 11 2002
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At common law, the ownership of all the land in the country is vested in the Crown. No other than the Crown can own land. However, other persons may be tenants of land and have rights in the land which protect even against the Crown. There were different methods of land holding, or tenures. The doctrine of estates developed as a consequence of the doctrine of tenure. Since a tenant was not regarded as owning the land itself, it was necessary to determine what it was that he did own. Before the introduction of the 1926 property legislation, there existed 4 estates in land. The first type is the fee simple absolute in possession. On the death intestate of a tenant in fee simple the land passed or devolved upon his heir. The heir was ascertained by applying the canons of descent. If there was no heir the land was then...
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