Article 2.2.3 Estates, Interests, and Severed Rights

(a) Recognised Estates and Interests:

(i) This Article applies to all registrable estates and interests in land within the ICT, including but not limited to:

(ii) Freehold title (estate in fee simple);

(iii) Leasehold interests;

(iv) Mortgages, easements, and covenants;

(v) Future estates and equitable interests;

(vi) Severed rights.

(vii) Legal recognition of an estate or interest is contingent upon registration in the ICT Land Registry, except where otherwise expressly exempted.

(viii) Equitable estates or interests may subsist where expressly recognised by this ICT Code or supplemental regulation of the Operator or judgement of an ICT Court, but shall not have priority over registered legal interests, except in cases of actual fraud or express legal exception.

(b) Severed Rights and Registrability:

(i) The ICT legal framework expressly recognises severability of estate, when an estate in real property is split the severed rights are independently registrable interests.

(ii) Severed rights may include, air rights, mineral rights, development rights, pollution exclusion rights, and other rights of use, exclusion, or value that can be split from real property.

(iii) Nothing in this Article shall be construed as conferring rights over Host Country national airspace, mineral resources, or environmental regulation where such matters remain under Host Country jurisdiction unless expressly delegated to the ICT under the ICT Establishment Law or relevant ICT Contractual Arrangements or otherwise permitted by treaty, regulation, or implementing law.

(iv) Severed rights may be:

(v) Registered independently of the primary estate;

(vi) Transferred, leased, mortgaged, or otherwise dealt with as standalone legal interests;

(vii) Subject to their own instruments and registration requirements.

(viii) Severed rights, once registered, shall enjoy the same legal status and protections as other estates, including indefeasibility of title unless otherwise provided by regulation or overridden by an express statutory exception.

(ix) Where severed rights conflict with other registrable interests, priority shall be determined as provided in Article 2.2.2(e) (Priority of Interests), unless the ICT Court determines otherwise based on equity or manifest intent.

(x) Severed rights shall carry such ancillary rights as are reasonably necessary for their lawful use and enjoyment, including rights of access, support, or entry, subject to regulation or agreement.

(xi) The Operator may designate new classes of registrable estates or interests, including programmable property interests or hybrid rights combining digital and physical components, provided they meet the substantive criteria set out in this ICT Code.

(c) Form of Dealing: All dealings involving recognised estates, interests, or severed rights shall comply with the formal requirements established under this ICT Code and any Land Registry Regulations promulgated by the Operator.

(d) Future Estates:

(i) Equitable Nature of Future Estates: A future estate in land validly created after the commencement of this Chapter 2.2 shall take effect as an equitable and not a legal interest.

(ii) Pre-existing Future Interests: This Article shall not apply to any future estate created before the commencement of this Chapter, whether that interest arose or arises before or after commencement.