Is perpetual fee simple ownership of real property permitted? If not, what are the principal forms of ownership, or other principal form of ownership, of real property? 


The only two forms of ownership known to our law are freehold and leasehold.
  • In freehold, the owner owns the property absolutely, and his title to the property is paramount. There is no other or further supreme or paramount owner to whose rights his rights of ownership are subservient.
  • In leasehold, the lessor holds the absolute title to the property. The lessee holds the leasehold title to the property. The terms on which the lessee holds the property on lease are specified in the lease. The respective rights and duties of the lessor and the lessee are detailed in the lease, and they are strictly bound by those. A lease creates real rights (jus in re) binding on the property.

The "perpetual fee simple ownership" of real property as known to English law is not known to our law.
Successive and reversionary interests in land were abolished by the Abolition of Fedeicommissa and Entails Act No.20 of 1972.

By way of a minor distinction, we have in our law "the legal ownership" of the trustee and "the beneficial ownership" of the beneficiary. Our law of trusts is codified (the Trusts Ordinance), and it follows the principles of Equity of English law.