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LSDefine
Simple English definitions for legal terms
perpetual freehold
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A quick definition of perpetual freehold:
A perpetual freehold is a type of estate in land that is given to a person for their lifetime, and then to their heirs for their lifetimes, and so on forever. This means that the land stays in the family for a very long time. However, the courts do not like this type of estate and have made rules to stop it from happening. They want land to be able to change hands and not be tied up in one family forever.
A more thorough explanation:
A perpetual freehold is a type of estate given to a grantee for life, and then successively to the grantee's heirs for life. The effect of this type of freehold was to keep land within a family in perpetuity, much like a fee tail.
For example, a landowner may grant an estate to A for life, then to A's son for life, and then to that son's son for life, and so on ad infinitum. Such a limitation, if valid, would have been an effective substitute for the fee tail.
However, the courts set their face against this 'perpetual freehold' and found reasons for invalidating it. Ultimately, the rule against perpetuities was established, which limits the duration of future interests in property.