Jurisdiction(s):
United Kingdom

Key definition

Freehold definition

What does Freehold mean? Freehold describes outright ownership of land (and the buildings on it) for an unlimited duration, as distinct from leasehold. In practice, a freehold owner has the right to possess, use and dispose of the property, subject to third‑party rights (such as easements/servitudes), covenants, mortgages/standard securities and statutory controls. In England and Wales and Northern Ireland, freehold generally refers to the legal estate of fee simple absolute in possession, one of the two estates capable of existing at law (see Law of Property Act 1925; similar provisions apply in Northern Ireland). In Ireland, it typically denotes a fee simple estate under...

Precedent amendments to Standard Conditions sale contract for sub-sale of freehold with vacant possession (single transfer/part)—England and Wales

Published by a LexisNexis Property expert

Precedents

Clause 1—Definitions

Revise the definition of Completion Date:

Completion Date • [ date ] as the completion date set under the Original Contract;

Insert the following definitions:

Original Contract • an agreement dated [ date ] made between (1) the Original Seller and (2) the Seller, under which the Seller has agreed to purchase the Property from the Original Seller;
Original Seller • [ name ];

Clause 3—The transfer

For a sub-sale with a single transfer, update clause 3.3 to refer to the Original Seller:

The [ Original ] Seller is not obliged to transfer the Property other than as a whole and to the Buyer at the Price.

For a sub-sale of part only of the land in the Original Contract, consider adding a new clause 3.4:

The Seller must [ take a transfer OR procure the transfer to a third party ] of the remainder of the land comprised in the Original Contract and agrees that such transfer must be completed at the same time as the transfer of the Property to the Buyer.

Clause 5—Title

Replace the wording of clause 5.2 with the following:

The legal estate in the Property is not vested in the Seller. The Seller has contracted to...

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Web page updated on 22/05/2026

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