What is freehold in land law?
freehold, in English law, ownership of a substantial interest in land held for an indefinite period of time. The term originally designated the owner of an estate held in free tenure, who possessed, under Magna Carta, the rights of a free man.
What happens when 99 year lease expires Kenya?
What happens after the end of the 99 year lease? 13(1) of the Land Act further provides that after expiry of the new leasehold interest the land shall be offered to the immediate past holder of the leasehold interest provided that such lessee is a Kenyan citizen.
Can foreigners own freehold land in Kenya?
Indeed there is no law that prohibits non-citizens from acquiring and owning freehold land, the Constitution however restricts that ownership to leasehold of a period of 99 years. The restrictions on ownership of land by foreigners are contained in Kenya’s Constitution and in the Land Control Act.
What is peppercorn rent in Kenya?
Where rent is indicated as Peppercorn it means that no rent is payable although the property is leasehold.
Who owns freehold land?
freeholder
The freeholder of a property owns it outright, including the land it’s built on. If you buy a freehold, you’re responsible for maintaining your property and land, so you’ll need to budget for these costs. Most houses are freehold but some might be leasehold – usually through shared-ownership schemes.
Can you build on freehold land?
Freehold. As a Freeholder, you have more freedom to make alterations to your property. However, you may still require building regulation consent and planning permission depending on the size of the work you’re looking to carry out.
How many years is a lease extension?
90 years
Extending the lease You might be able to extend your lease by: 90 years on a flat if you qualify. 50 years on a house if you qualify.
What happens when land lease expires in Kenya?
In renewal of the lease, since the lease term has expired the land reverts to the lessor who could be either the national or county government. The lessor consequently will re-allocate to the lessee if they meet all the conditions of the previous lease and the land is not required for a public purpose.
Can a non citizen buy land in Kenya?
Foreigners can own property in Kenya in their name. The Constitution (2010), the Lands Act (6/2012) and the Land Registration Act (3/2012), subject to certain limitations, grant the right to any person, either individually or in association with others, to acquire and own land in Kenya.
Can a foreigner be a trustee in Kenya?
Trustees can be locals, foreigners, body corporates or a combination of this.
What is popcorn rent?
In leases for real property Furthermore, a peppercorn rent is often used as a form of nominal ground rent where a (potentially substantial) premium has also been paid on commencement of a long lease of, say, 99 or 125 years (a “virtual freehold”).
Why are some lease 999 years?
Put simply, acquiring a 999 year lease enables a flat owner to have a title that is ‘as good as freehold’ and therefore more marketable than for example a 85 year lease, whilst retaining the existing freehold/leasehold structure.
What are the different types of freehold covenants?
Examples of the different kind of freehold covenant you might more commonly come across are: not to use the property for business purposes; not to keep any animal other than domestic pets on the land; to keep boundary fences in good repair and condition.
What are leasehold covenants and how do they work?
The concept of leasehold covenants should not be confused with freehold covenants, however. Whereas freehold covenants are promises to do (or not to do) something on your own land, leasehold covenants are promises as to how a landlord and tenant will conduct themselves for the duration of a lease.
Can the burden of a freehold Covenant be transmitted at common law?
Whilst the burden of a covenant cannot pass at common law, equity will allow the burden of a freehold covenant to be transmitted to successors in title provided that:
What are the facts about the Aintree freehold Covenant?
Facts: The owners of Aintree Racecourse questioned the validity of a freehold covenant that stated that the land should only be used for the purpose of horseracing. They wanted to sell the land to a developer. Held: The original covenantors would remain liable for breaches of covenant, even after they had sold their interest in the land.
https://www.youtube.com/watch?v=vJYa6CPUMUA