Cal. Civ. Code § 1A
Land demised for term of 100 years or more regarded as estate in fee simple
Operative Text
Section 1A. If land is demised for the term of 100 years or more, the term shall, so long as 50 years thereof remain unexpired, be regarded as an estate in fee simple as to everything concerning the descent and devise thereof upon the decease of the owner, the sale thereof by personal representatives, guardians, conservators or trustees, the levy of execution thereon and the redemption thereof if mortgaged or taken on execution. Whoever holds as lessee or assignee under such a lease shall, so long as 50 years of the term remain unexpired, be regarded as a freeholder for all purposes.
Mass. Gen. Laws c. 186 § 1A establishes that a lease of land running for 100 years or more is treated, for most legal purposes, as though the leaseholder owns the property outright in fee simple—provided that at least 50 years remain on the term. This equivalence applies to inheritance, estate administration, court-ordered sales, execution levies, and mortgage redemption. In effect, the law elevates a very long-term leasehold interest to the status of full ownership for these specific legal contexts.
Plain English — not legal advice.
Under Mass. Gen. Laws c. 186 § 1A, operators who have structured ground leases or other arrangements of 100 years or more should be aware that the lessee's interest carries ownership-level legal weight for inheritance, creditor actions, and mortgage matters as long as 50 years remain unexpired. Compliant operators typically account for this elevated status when drafting lease assignments, handling estate transfers, or working with lenders who may treat the leasehold as equivalent to fee simple collateral. Keeping accurate records of the remaining lease term is a standard practice, since the 50-year threshold determines when this elevated status applies.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Mass. Gen. Laws c. 186 § 1A means that if you hold a leasehold interest under a qualifying 100-year-or-longer lease with at least 50 years remaining, the law treats you as a freeholder—essentially an owner—for purposes such as passing the interest through an estate, satisfying creditor claims, or dealing with mortgage redemption. Tenants in this position may find that this status affects how their interest is handled in probate, financing, or execution proceedings. Those seeking to understand how this provision applies to a particular leasehold arrangement can consult a tenant-rights organization or review guidance from the Massachusetts Attorney General's office.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated September 13, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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