What is freehold land?
Simply put, freehold land is land that is not leasehold land (as is the case with iTaukei or State, land), and is owned entirely by the registered owner as recorded on the certificate of title at the Registrar of Titles office, in Suva. Unlike leasehold land, freehold land can be purchased, transferred, or leased, at the discretion of the registered owner (subject however to the conditions of various statutes and decrees in Fiji such as the Land Sales Act), without the requirement to first obtain the permission of the lessor or, real owner of the land.
How much land in Fiji is freehold land and what is an estate in fee simple?
The majority of land in Fiji is iTaukei (or native) owned land with only approximately 10 per cent of land in Fiji being freehold land. There are three types of freehold land or estates, being an estate of “fee simple”, a life estate and finally a stratum estate. Note however that the estate of fee simple is by far the most common and so, in the vast majority of cases, when someone owns freehold land, that person (or company) owns an estate of “fee simple” in the land.
What is an estate in fee simple and how long does it last?
An estate of fee simple is one wherein there is no fixed duration of ownership and is inheritable and can thus be passed on (or bequeathed), by the registered owner to his or her heirs on his or her death. Note that in this context, the term “heirs” is not narrowly confined to the children or other family members of the owner but instead refers to all persons or groups of people to whom the owner sees fit to bequeath the property. Thus, the estate or interest in the land could in principle, last forever provided none of the successive registered owners of the land die intestate without “heirs”. This is one of the marked differences to estates of leasehold which have fixed durations or durations that are capable of being fixed even if those durations are for extremely long periods of time.
Who can own freehold land in Fiji?
While any Fiji citizen is able to freely purchase freehold land in Fiji, there are certain restrictions on the ownership of freehold land by foreign citizens and companies not owned entirely by Fiji citizens. For the most part these restrictions are contained in the Land Sales Act and its various amendments, the particulars of which have been discussed in previous issues of this column.
That’s it for this week. Do not hesitate to contact us with questions at property.primer@fijitimes.com.fj. Have a good weekend and, we’ll see you again next Saturday.
DISCLAIMER: Please be advised that the contents of this column are intended for informational purposes only and are not intended to convey or constitute any form of legal advice whatsoever. You should not act upon any information contained herein without first seeking qualified professional counsel on your specific matter.
