Land Tenure In England
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Land Tenure In England
Even before the Norman Conquest, there was a strong tradition of landholding in Anglo-Saxon law. When William the Conqueror asserted sovereignty over England in 1066, he confiscated the property of the recalcitrant English landowners. Over the next dozen years, he granted land to his lords and to the dispossessed Englishmen, or affirmed their existing land holdings, in exchange for fealty and promises of military and other services. At the time of the Domesday Book, all land in England was held by someone, and from that time there has been no allodial land in England. In order to legitimise the notion of the Crown's paramount lordship, a legal fiction—that all land titles were held by the King's subjects as a result of a royal grant—was adopted. Most of these tenants-in-chief had considerable land holdings and proceeded to grant parts of their land to their subordinates. This constant process of granting new tenures was known as subinfeudation. It created a complicated pyra ...
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Norman Conquest
The Norman Conquest (or the Conquest) was the 11th-century invasion and occupation of England by an army made up of thousands of Norman, Breton, Flemish, and French troops, all led by the Duke of Normandy, later styled William the Conqueror. William's claim to the English throne derived from his familial relationship with the childless Anglo-Saxon king Edward the Confessor, who may have encouraged William's hopes for the throne. Edward died in January 1066 and was succeeded by his brother-in-law Harold Godwinson. The Norwegian king Harald Hardrada invaded northern England in September 1066 and was victorious at the Battle of Fulford on 20 September, but Godwinson's army defeated and killed Hardrada at the Battle of Stamford Bridge on 25 September. Three days later on 28 September, William's invasion force of thousands of men and hundreds of ships landed at Pevensey in Sussex in southern England. Harold marched south to oppose him, leaving a significant portion o ...
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Frankalmoin
Frank almoin, frankalmoign or frankalmoigne () was one of the feudal land tenures in feudal England. Its literal meaning is 'free pity/mercy', from Norman French , 'free alms', from Late Latin , from Greek (), 'pity, alms', from () 'merciful', from (), 'pity'. By it an ecclesiastical body held land free of military service such as knight service or other secular or religious service, but sometimes in return for the religious service of saying prayers and masses for the soul of the grantor. Not only was secular service not due but in the 12th and 13th centuries jurisdiction over land so held belonged to the ecclesiastical courts, and was thus immune from royal jurisdiction. In English law, frankalmoign(e) was also known as "tenure in free alms". Gifts to religious institutions in free alms were defined first as gifts to God, then to the patron saint of the religious house, and finally to those religious serving God in the specific house. The following example is from a charter ...
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John Baker (legal Historian)
Sir John Hamilton Baker, KC, LLD, FBA, FRHistS (born 10 April 1944) is an English legal historian. He was Downing Professor of the Laws of England at the University of Cambridge from 1998 to 2011. Biography Baker was born in Sheffield, the son of Kenneth Lee Vincent and Marjorie Baker (''née'' Bagshaw). He was educated at King Edward VI Grammar School, Chelmsford, and University College London ( LLB, PhD). He was called to the Bar at the Inner Temple in 1966 and was elected an Honorary Bencher in 1988. His first academic post was as an Assistant Lecturer in Law at University College London, in 1965. In 1967 he was promoted to Lecturer, and in 1971 moved to the University of Cambridge. There he was Librarian of the Squire Law Library until 1973, and became a Fellow of St Catharine's College. His rooms were above the Sherlock Library until his retirement. In 1973 Baker became a lecturer in Law at University of Cambridge. He was appointed Reader in English Legal History a ...
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Landholding In England
In real estate, a landed property or landed estate is a property that generates income for the owner (typically a member of the gentry) without the owner having to do the actual work of the estate. In medieval Western Europe, there were two competing systems of landed property; manoralism, inherited from the Roman villa system, where a large estate is owned by the Lord of the Manor and leased to tenants; and the family farm or '' Hof'' owned by and heritable within a commoner family (c.f. yeoman), inherited from Germanic law. A gentleman farmer is the largely historic term for a country gentleman who has a farm as part of his estate and farms mainly for pleasure rather than for profit. His acreage may vary from under ten to hundreds of acres. The gentleman farmer employed labourers and farm managers. However, according to the 1839 ''Encyclopedia of Agriculture'', he "did not associate with these minor working brethren". The chief source of income for the gentleman farmer was d ...
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History Of English Land Law
The history of English land law can be traced back to Roman times. Throughout the Early Middle Ages, where England came under rule of post-Roman chieftains and Saxon monarchs, land was the dominant source of personal wealth. English land law transformed further from the Saxon days, particularly during the post-Norman Invasion feudal encastellation and the Industrial Revolution. As the political power of the landed aristocracy diminished and modern legislation increasingly made land a social form of wealth, subject to extensive social regulation such as for housing, national parks, and agriculture. Roman law The division into real and personal is coincident to a great extent with that into immovable and movable, generally used by systems of law founded on the Roman (see Personal Property.) That it is not entirely coincident is due to the influence of the Roman law itself. The Greeks and the Romans of the republic were essentially nations of citizens; the Teutons were essential ...
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Return Of Owners Of Land, 1873
The two-volume ''Return of Owners of Land, 1873'' is the first complete picture of the distribution of land in Great Britain since the 1086 Domesday Book. The ''1873 Return'' is sometimes called the "Modern Domesday". It arose from the desire of the Victorian governing landed classes, many of whom sat in the House of Lords, to counter rising public clamour (encouraged by the press) about what was considered the monopoly of land. In 1872, the Local Government Board was ordered to compile a list of landowners from ratings records. One return was prepared for England and Wales (excluding London), and separate returns were prepared for Scotland (in 1874) and Ireland (in 1876). The ''Return'' lists holdings by size (in acres, roods and poles) and estimated yearly rental of all holdings over one acre. It is laid out by county and landowner, with an identifying address for each landowner. For landowners with extensive, scattered holdings, the address may not correspond to the land's l ...
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Life Estate
In common law and statutory law, a life estate (or life tenancy) is the ownership of immovable property for the duration of a person's life. In legal terms, it is an estate in real property that ends at death when ownership of the property may revert to the original owner, or it may pass to another person. The owner of a life estate is called a "life tenant". In the combined jurisdiction of England and Wales since 1925 a freehold estate intended to be 'held' as a life interest takes effect only as an interest enjoyed in equity, specifically as an interest in possession trust. The other type of land ownership is leasehold and although most long leases are for a period of between 99 and 999 years 'leases for life' will be interpreted in often unpredictable ways as either as a licence or a lease. Principles The ownership of a life estate is of limited duration because it ends at the death of a person. Its owner is the life tenant (typically also the 'measuring life') and it c ...
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Lease
A lease is a contractual arrangement calling for the user (referred to as the ''lessee'') to pay the owner (referred to as the ''lessor'') for the use of an asset. Property, buildings and vehicles are common assets that are leased. Industrial or business equipment are also leased. Basically a lease agreement is a contract between two parties: the lessor and the lessee. The lessor is the legal owner of the asset, while the lessee obtains the right to use the asset in return for regular rental payments. The lessee also agrees to abide by various conditions regarding their use of the property or equipment. For example, a person leasing a car may agree to the condition that the car will only be used for personal use. The term rental agreement can refer to two kinds of leases: * A lease in which the asset is tangible property. Here, the user '' rents'' the asset (e.g. land or goods) ''let out'' or ''rented out'' by the owner (the verb ''to lease'' is less precise because it can ...
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Tenures Abolition Act 1660
The Tenures Abolition Act 1660 (12 Car 2 c 24), sometimes known as the Statute of Tenures, was an Act of the Parliament of England which changed the nature of several types of feudal land tenure in England. The long title of the Act was ''An act for taking away the Court of Wards and liveries, and tenures in capite, and by knights-service, and purveyance, and for settling a revenue upon his Majesty in lieu thereof''. This Act was partly in force in Great Britain at the end of 2010, though only section 4: Passed by the Convention Parliament in 1660, shortly after the English Restoration, the Act replaced various types of military and religious service that tenants owed to the Crown with socage, and compensated the monarch with an annual fixed payment of £100,000 to be raised by means of a new tax on alcohol. ( Frankalmoin, copyhold, and certain aspects of grand serjeanty were excluded.) It completed a process that had begun in 1610 during the reign of James I with the propo ...
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Quia Emptores
''Quia Emptores'' is a statute passed by the Parliament of England in 1290 during the reign of Edward I that prevented tenants from alienating their lands to others by subinfeudation, instead requiring all tenants who wished to alienate their land to do so by substitution. The statute, along with its companion statute '' Quo Warranto'' also passed in 1290, was intended to remedy land ownership disputes and consequent financial difficulties that had resulted from the decline of the traditional feudal system in England during the High Middle Ages. The name ''Quia Emptores'' derives from the first two words of the statute in its original mediaeval Latin, which can be translated as "because the buyers". Its long title is A Statute of our Lord The King, concerning the Selling and Buying of Land. It is also cited as the Statute of Westminster III, one of many English and British statutes with that title. Prior to the passage of ''Quia Emptores'', tenants could either subinfeuda ...
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Ownership
Ownership is the state or fact of legal possession and control over property, which may be any asset, tangible or intangible. Ownership can involve multiple rights, collectively referred to as title, which may be separated and held by different parties. The process and mechanics of ownership are fairly complex: one can gain, transfer, and lose ownership of property in a number of ways. To acquire property one can purchase it with money, trade it for other property, win it in a bet, receive it as a gift, inherit it, find it, receive it as damages, earn it by doing work or performing services, make it, or homestead it. One can transfer or lose ownership of property by selling it for money, exchanging it for other property, giving it as a gift, misplacing it, or having it stripped from one's ownership through legal means such as eviction, foreclosure, seizure, or taking. Ownership is self-propagating in that the owner of any property will also own the economic benefits of ...
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Escheat
Escheat is a common law doctrine that transfers the real property of a person who has died without heirs to the crown or state. It serves to ensure that property is not left in "limbo" without recognized ownership. It originally applied to a number of situations where a legal interest in land was destroyed by operation of law, so that the ownership of the land reverted to the immediately superior feudal lord. Etymology The term "escheat" derives ultimately from the Latin ''ex-cadere'', to "fall-out", via mediaeval French ''escheoir''. The sense is of a feudal estate in land falling-out of the possession by a tenant into the possession of the lord. Origins in feudalism In feudal England, escheat referred to the situation where the tenant of a fee (or "fief") died without an heir or committed a felony. In the case of such demise of a tenant-in-chief, the fee reverted to the King's demesne permanently, when it became once again a mere tenantless plot of land, but could be re ...
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