There are three categories of fixed property in England, and within that numerous types, making the English system relatively complex compared to many other countries. This situation dates back to feudal times, when the crown owned all the land, but granted it to aristocrats who required peasants to work it.
Categories of English Fixed Property Today
Today the system is more democratic, although the Crown still owns vast swathes of land, and some titled folk still live in their ancestral seats. English law defines land, and anything permanently attached to it as ‘fixed property’.
There are three main categories of this indispensable commodity that shape our lives today:
1: Property Set Aside for Residential Purposes
Freehold Property
Freehold property offers the most permanent form of property ownership in England. When you buy freehold, you own both the building and the land beneath it indefinitely, without any time limit.
Types of freehold residential fixed property in England include detached, semi-detached, and terraced houses. As well as bungalows, rural cottages, and most farmland regardless of size.
This form of property ownership dates back to the feudal era, following The Norman Conquest, in 1066. All land was originally held by the Crown, with some bestowed to a hierarchy of lords. But freehold, as we know it today, only came to mean full ownership under the 1660 Tenures Abolition Act.
Leasehold Property
Individual leasehold properties are owned by freeholders, who give title owners a right to occupy part or all of it, and use their piece for the remainder of the period since the leasehold was originally created. Typical examples include flats and apartments, sets of rooms in larger buildings, and some houses.
This form of fixed property ownership in England became popular during the 18th and 19th centuries, when large landowning families created townships. The developers retained ownership of the land, ensuring long-term income and control.
Nowadays the situation is more democratic, although leaseholders may still pay ground rent and service charges, and require permission for certain alterations. Reforms, including the Leasehold Reform Act of 1967, allow leaseholders to buy a freehold or extend the lease.
Commonhold Property
The Commonhold and Leasehold Reform Act of 2002, allows flat owners to collectively own both a building and its land through a “commonhold association.” Each unit owner is a member of the body with voting rights, but there are levies and rules they must follow.
Commonhold property ownership aims to avoid problems associated with leasehold, such as short leases, ground rents, and landlord control. The system is similar to American condominiums and Australian strata titles, although uptake has been slow.
Typical examples include some newer apartment blocks with shared areas, and mixed-use buildings with shops on lower floors.
2: Agricultural and Rural Fixed Property in England
Large rural estates still reflect medieval land patterns. This is not surprising, since they evolved from feudal tenures. The Agricultural Holdings Act of 1986 protects the rights of tenant farmers. Although more modern farm business trends allow more flexible commercial arrangements.
Typical examples include farms, grazing land, woodlands, moorlands and estates, and farmhouses and agricultural buildings. Ownership rights may include freehold, or arrangements under the Agricultural Tenancies Act of 1995.
3: Other Types of Fixed Property in England
Commercial Property
Commercial property, as the name suggests, is set aside for business purposes. Most commercial property is held freehold, or via long commercial leases. These contracts vary from residential leases, because they are more contractual but are less regulated under law.
Typical examples of this type of fixed property in England include offices, shops and retail units, warehouses and industrial premises, pubs, hotels, and restaurants, and mixed-use developments. Commercial property helped shape our cities during the Industrial Revolution.
Listed Buildings
Listed buildings are a relatively new innovation, that evolved from the Town and Country Planning Act of 1944. This was after devastating aerial bombings spurred a desire to preserve what remained of the architectural heritage. There are various grades of listed buildings, all of which require consent for alterations.
Conservation Areas
The Planning (Listed Buildings and Conservation Areas) Act of 1990 lists neighbourhoods that are protected for their historical or architectural character. Note though, that we are not referring to individual properties here, but zones affecting planning rules.
Examples include Georgian squares, Victorian suburbs, historic market towns, and coastal fishing villages
Crown and Public Land
Some land owned by the Crown is freehold, while other parcels are held via ancient forms of Crown tenure. Much of this property traces to medieval royal holdings, but revenue goes to the Treasury, not the monarch personally.
Examples include royal estates, government buildings, military bases, national parks and forests, and canal and railway infrastructure
What is This Property Worth in England Today?
Nobody seems to have a direct answer to this question. Our best answer is ‘a great deal of money’, given that property in London alone could be worth £1.5 trillion pounds.
If, on the other hand, you are asking about a particular piece of property, then Avery Associates offers a one-stop service. We value all types of fixed property in England, as assessed by professionally registered valuers of proven repute.
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