Fee Farm Grants. Freeholders or leasehold?

ittakestwo

If the title of your property is fee farm grant. Which is a never ending agreement to rent the freehold land for a certain ground rent per year. Are you seen by law as a Freeholders or leaseholder.

When it comes to getting rights by prescription there is different rules for Freeholders and Leaseholders. Leaseholders are seen as tenants of who ever owns the freehold land. So if I have a Fee Farm Grant what rules would apply to my title when applying for prescription. Freehold rules or leaseholder rules?

nuac

Mod
Interesting question. Many Irish titles are FFGs.
Will leave open for general discussion

ittakestwo

From the ''Landlord and Tenent Act 1978''

Lease: Means an instrument in writing, whether under or not under seal, containing a contract of tenancy in respect of any land in consideration of a rent or a return and includes a fee farm grant

So from the above a fee farm grant title would seem to be classified as leasehold title.

4ensic15

A fee farm grant is an estate of freehold. It is distinguished from leasehold in that forfeiture does not lie for breach of covenant and is unlimited in duration unlike a lease.

ittakestwo

4ensic15 wrote: »

A fee farm grant is an estate of freehold. It is distinguished from leasehold in that forfeiture does not lie for breach of covenant and is unlimited in duration unlike a lease.

Would you know if a fee farm grants are seen by law as being a tenant?

4ensic15

ittakestwo wrote: »

Would you know if a fee farm grants are seen by law as being a tenant?

They are not. the landlord and tenant legislation does not apply to them.

ittakestwo

4ensic15 wrote: »

They are not. the landlord and tenant legislation does not apply to them.

I am a bit confused regarding my neighbors property titles. On the land registry the ground is registered to an Assurance company as being the absolute owner. However the neighbors title are fee farm grants. From looking at the folio they seem to have been leases for lives that were converted to fee farm grants in 1860.

So who are the landlord, the assurance company that is the registered owner of the land? Or my neighbors as they hold the fee farm grant of the land.

4ensic15

ittakestwo wrote: »

I am a bit confused regarding my neighbors property titles. On the land registry the ground is registered to an Assurance company as being the absolute owner. However the neighbors title are fee farm grants. From looking at the folio they seem to have been leases for lives that were converted to fee farm grants in 1860.

So who are the landlord, the assurance company that is the registered owner of the land? Or my neighbors as they hold the fee farm grant of the land.

The assurance company hold the fee simple, your neighbours have a fee farm grant. They are both estates of freehold. Both your neighbours and the assurance are the registered owners of their respective interests in the land. Your neighbours do not face the prospect of foreclosure for non payment of rent.

ittakestwo

4ensic15 wrote: »

The assurance company hold the fee simple, your neighbours have a fee farm grant. They are both estates of freehold. Both your neighbours and the assurance are the registered owners of their respective interests in the land. Your neighbours do not face the prospect of foreclosure for non payment of rent.

"A tenant can not prescribe against other land held by thier landlord under the doctorine of lost modern grant"... from PRAI website

Would my neigbours who have the fee farm grant be able to prescribe against other lands held by the assurance company under the doctorine of lost modern grant given that they have the fee simple of thier land or would the claim fail as ultimately they are prescribing against thier landlord?

4ensic15

ittakestwo wrote: »

"A tenant can not prescribe against other land held by thier landlord under the doctorine of lost modern grant"... from PRAI website

Would my neigbours who have the fee farm grant be able to prescribe against other lands held by the assurance company under the doctorine of lost modern grant given that they have the fee simple of thier land or would the claim fail as ultimately they are prescribing against thier landlord?

Prescription has been abolished since 2009 so it is irrelevant.

ittakestwo

4ensic15 wrote: »

Prescription has been abolished since 2009 so it is irrelevant.

It was extended to 2021

4ensic15

ittakestwo wrote: »

It was extended to 2021

Registration of already established prescription was extended to 2021. A person can't have begun the prescription since 2009.