Freehold

[L. Lat. liberum tenemenium; L, Fr. frank tenement.] In English law. An estate either of inheritance or for life, in lands or tenements of free tenure.

1 Steph. Com. 217.

A possession of the soil which a freeman holds in fee

or at least for term of life. £ritt. c.

32.

In American law

An estate of inheritance, or for life, in real property.

4 Kent's Com. 24. 1 miliard's Real Prop. 77.

Freehold is used in the common law to denote both the tenure by which an estate is held, and the estate itself.

1 Steph. Com. 197, note (e). Id. 217, note (/).

As a tenure, it was called free to distinguish it from villeinage. {Dicitur liberum tenementum, ad differentiam ejus quod est villenagium; quia tenementorum, aliud liberum, aliud villenagium.) Bract, fol.

207.

It is equivalent to tenure in free socage, and is the opposite of copyhold in modern English law.

1 Steph. Com. 197.

As an estate, it seems originally to have properly denoted an estate of inheritance; an estate for life being, according to Bracton, only a quasi freehold. Liberum tenementum est id quod quis tenet sibi et ha3redibus suis in feodo, et hcereditate; vel in feodo tantum., sibi et hceredibus suis. Item ut liberum tenementum, sicut ad vitam tantum, vel eodem mx>do, ad tempus indeterminatum, absque aliqua certa temporis prcefinitlone. Freehold is that which one holds to him and his heirs, in fee, and inheritance; or in fee only, to him and his heirs. Also as freehold, as for life only, or in the same way for an indeterminate period, without any fixed limitation of time. Bract, fol.

207.

The quality of an indefinite duration, here mentioned by Bracton, has always been the quality of a freehold estate. A term for years, for however long a period, and though far exceeding the duration of human life, is no freehold. Bract, fol.

27. 2 Bl. Com. 143.