What is a Leasehold Estate?

Published by Thomas Herold in Economics, Laws & Regulations, Real Estate

'Leasehold Estate' is explained in detail and with examples in the Laws & Regulations edition of the Herold Financial Dictionary, which you can get from Amazon in Ebook or Paperback edition.

A Leasehold Estate relates to an official and legal interest that permits a company or individuals to assume temporary ownership of the land of another individual or company. They are able to use this land for business purposes, agricultural applications, or even as a dwelling. Property could include timber land, mineral land, oil land, farm land, or business and/or residence property. With such leasehold estates, landlords possess the title of the property at the same time as the tenant holds the rights to utilize said property. These estates range wildly in the format for the agreement and how it is set up, the amount of time the status exists, and the kind of property which is being leased.

A Leasehold Estate can be established orally or as a written agreement. Those agreements which are intended to endure over a year might have to be composed in a written document per the laws of the relevant state which has jurisdiction. These agreements provide either explicit or implicit permission for all the receiving end parties, who are called the lessees, to assume control of the said property of the other party, who is referred to as the lessor.

There are other various kinds of property agreements which exist. What separates leasehold agreements from these competing formats, such as purchase agreements, is the actual termination date. Every party which is involved with a leasehold agreement comprehends that the agreed upon ownership interests will eventually conclude. This is to say that they are not intended to last in perpetuity. Another distinctive feature of such estates lies with the lesseeā€™s right to possess the said property in question. Various other kinds of property agreements, like licenses or easements, actually provide the holder with the permanent rights to utilize the property as they see fit.

Leasehold Estates are quite specific. They comprise both land and any property on the land in question at a given address. Land in this sense of the word does not simply mean the physical land, but also includes any buildings which lie on the property. It also applies to any and all natural resources which occupy the land in question. These estates could also include other forms of personal property, like machinery or fixtures which are so permanently a part of the land that they become considered to be part and parcel of the property. Such fixtures could comprise things like fencing, lighting, wells, or windmills.

Estates are types of personal property. Applicable state laws commonly govern the legal definition of personal property. This means that they could supersede clauses within the Leasehold Estate agreement. An example of this is found in the state of California. The leasehold which pertains to agricultural purposes may not be extended past a maximum time frame of 51 years total.

This is why such leasehold agreements are established with a pre-determined and limited number of years in mind. This is articulated in the tenancy of years. Such a specified length of lease is determined by both lessor and lessee. The only exception is when state laws set the time span directly. It is possible to terminate such a leasehold tenancy ahead of the articulated time. The lessee must decide to surrender his or her possession of the property at the same time as the lessor agrees to resume control over his property and rights.

Four different classifications of these Leasehold Estates exist. They are fixed term, periodic, at will, and at sufferance. Fixed term tenancy refers to the number of years of the tenancy. It is states as an interest which is established to endure a particular amount of time.

Periodic tenancy relates to a set out amount of time, as with week to week, month to month, or even year to year. The leasehold can be ended by either tenant or landlord simply giving a notice to vacate the property. Usually a 30 days notice in writing must be provided to the owner of the property.

Tenancy at will refers to the lack of structure with these kinds of leasehold agreements. No date is given for the end of tenancy in such a form of leasehold estate. Tenancy at sufferance happens as a tenant decides to overstay the date of termination as spelled out in the applicable agreement. Landlords in these cases possess the legal rights to simply evict the tenant if they wish.

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The term 'Leasehold Estate' is included in the Laws & Regulations edition of the Herold Financial Dictionary, which you can get from Amazon in Ebook or Paperback edition.