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Tenement (law)
{{Wiktionary, tenement A tenement (from the Latin tenere ''to hold''), in law, is anything that is held, rather than owned. This usage is a holdover from feudalism, which still forms the basis of property law in many common law jurisdictions, in which the monarch alone owned the allodial title to all the land within his kingdom. Under feudalism, land itself was never privately "owned" but rather was "held" by a tenant (from Latin ''teneo'' "to hold") as a fee, being merely a legal right over land known in modern law as an estate in land. This was held from a superior overlord, (a mesne lord), or from the crown itself in which case the holder was termed a tenant-in-chief, upon some manner of service under one of a variety of feudal land tenures. The thing held is called a tenement, the holder is called a tenant, the manner of his holding is called a tenure, and the superior is called the landlord, or lord of the fee. These forms are still preserved in law, even though feud ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Land Tenure
In common law systems, land tenure, from the French verb "tenir" means "to hold", is the legal regime in which land owned by an individual is possessed by someone else who is said to "hold" the land, based on an agreement between both individuals. It determines who can use land, for how long and under what conditions. Tenure may be based both on official laws and policies, and on informal local customs (insofar higher law does allow that). In other words, land tenure implies a system according to which land is held by an individual or the actual tiller of the land but this person does not have legal ownership. It determines the holder's rights and responsibilities in connection with their holding. The sovereign monarch, known in England as The Crown, held land in its own right. All land holders are either its tenants or sub-tenants. ''Tenure'' signifies a legal relationship between tenant and lord, arranging the duties and rights of tenant and lord in relationship to the land. Ov ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Appurtenance
An appurtenance is something subordinate to or belonging to another larger, principal entity, that is, an adjunct, satellite or accessory that generally accompanies something else."Appurtenance" . Random House. Retrieved February 23, 2018. The word derives from Latin ''appertinere'', "to appertain". Usage In a legal context, an appurtenance refers to a right, privilege, or improvement belonging to or that accompanies a principal property. For example, the |
Contenement
In old English law, contenement is that which is held together with another thing; that which is connected with a tenement, or thing held, such as a certain quantity of land adjacent to a dwelling, and necessary to the reputable enjoyment of the dwelling. This is also known as "appurtenance". According to some legal authors, the term should signify the countenance, credit, or reputation a person has, with and by reason of his freehold Freehold may refer to: In real estate *Freehold (law), the tenure of property in fee simple * Customary freehold, a form of feudal tenure of land in England * Parson's freehold, where a Church of England rector or vicar of holds title to benefice .... And in such sense it is used in the statute 1 Edw. III, etc., where it stands as synonymous with "countenance". References * ''Webster's Revised Unabridged Dictionary'' (1913) English legal terminology English property law {{England-law-stub ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Payment In Lieu Of Taxes
A payment in lieu of taxes (usually abbreviated as PILOT, or sometimes as PILT) is a payment made to compensate a government for some or all of the property tax revenue lost due to tax exempt ownership or use of real property. Canada The federal government of Canada makes payments in lieu of taxes to local governmental entities (including First Nations) where the federal government owns real property. United States In the United States, payment in lieu of taxes can arise in several ways: * Land owned by the federal government is generally not subject to taxation by state or local governments. Under Public Law 94-565, enacted in 1976, the federal government began making payments in lieu of taxation to local governments affected by this reduction in their tax bases. * In some states where land owned by colleges and universities is not subject to local property taxes, the state government reimburses the local governments for part of the tax revenue that the local government would ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
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 ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Just Compensation
Just compensation is a right enshrined in the Fifth Amendment to the U.S. Constitution (and counterpart state constitutions), which is invoked whenever private property is taken (also in some states damaged) by the government. Usually, the government (condemnor) files an eminent domain action to take private property for "public use.", but when it fails to do so and pay for the taking, the owner may seek compensation in an action called "inverse condemnation." For reasons of expedience, courts have been generally using fair market value as the measure of just compensation, reasoning that this is the amount that a willing seller would accept in a voluntary sales transaction, and therefore it should also be payable in an involuntary one. However, the U.S. Supreme Court has repeatedly acknowledged that "fair market value" as defined by it falls short of what sellers would demand and receive in voluntary transactions.United States v. 50 Acres of Land, 469 U.S. 24 (1984)Olson v. Uni ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Eminent Domain
Eminent domain (United States, Philippines), land acquisition (India, Malaysia, Singapore), compulsory purchase/acquisition (Australia, New Zealand, Ireland, United Kingdom), resumption (Hong Kong, Uganda), resumption/compulsory acquisition (Australia, Barbados, New Zealand, Ireland, United Kingdom), or expropriation (Argentina, Belgium, Brazil, Canada, Chile, Denmark, Finland, France, Germany, Greece, Italy, Mexico, Netherlands, Norway, Panama, Poland, Portugal, Russia, South Africa, Spain, Sweden, Serbia) is the power of a state, provincial, or national government to take private property for public use. It does not include the power to take and transfer ownership of private property from one property owner to another private property owner without a valid public purpose. This power can be legislatively delegated by the state to municipalities, government subdivisions, or even to private persons or corporations, when they are authorized by the legislature to exercise the func ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Forfeit , wh ...
Forfeit or forfeiture may refer to: Arts, entertainment, and media * ''Forfeit'', a 2007 thriller film starring Billy Burke * "Forfeit", a song by Chevelle from ''Wonder What's Next'' * ''Forfeit/Fortune'', a 2008 album by Crooked Fingers Law * Asset forfeiture, in law, the confiscation of assets related to a crime * Forfeiture (law), deprivation or destruction of a right in consequence of not performing an obligation or condition Sports * Forfeit (sport), a premature end of a game ** Forfeit (baseball) ** Forfeit (chess), defeat in a chess game by a player's being absent or out of time ** Declaration and forfeiture, in cricket, two possible ends of an innings See also * Forfaiting, a financial term * Walkover John_Carpenter_was_disqualified,_prompting_his_teammates_John_Taylor_(athlete).html" ;"title="ohn_Carpenter_(athlete).html" ;"title="Athletics at the 1908 Summer Olympics – Men's 400 metres">men's 400 metres running in a walkover. America ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Socage
Socage () was one of the feudal duties and land tenure forms in the English feudal system. It eventually evolved into the freehold tenure called "free and common socage", which did not involve feudal duties. Farmers held land in exchange for clearly defined, fixed payments made at specified intervals to feudal lords. The lord was therefore obligated to provide certain services, such as protection, to the farmer and other duties to the Crown. Payments usually took the form of cash, but occasionally could be made with goods. Socage contrasted with other forms of tenure, including serjeanty, frankalmoin and knight-service. The English statute ''Quia Emptores'' of Edward I (1290) established that socage tenure passed from one generation or nominee to the next would be subject to inquisitions post mortem, which would usually involve a feudal relief tax. This contrasts with the treatment of leases, which could be lifelong or readily subject to forfeiture and rent increase. As fe ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Freehold (law)
In common law jurisdictions such as England and Wales, Australia, Canada, and Ireland, a freehold is the common mode of ownership of real property, or land, and all immovable structures attached to such land. It is in contrast to a leasehold, in which the property reverts to the owner of the land after the lease period expires or otherwise lawfully terminates. For an estate to be a freehold, it must possess two qualities: immobility (property must be land or some interest issuing out of or annexed to land) and ownership of it must be forever ("of an indeterminate duration"). If the time of ownership can be fixed and determined, it cannot be a freehold. It is "An estate in land held in fee simple, fee tail or for term of life." The default position subset is the perpetual freehold, which is "an estate given to a grantee for life, and then successively to the grantee's heirs for life." England and Wales Diversity of freeholds before 1925 In England and Wales, before the Law of Pro ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Feudal Land Tenure
Under the English feudal system several different forms of land tenure existed, each effectively a contract with differing rights and duties attached thereto. Such tenures could be either free-hold, signifying that they were hereditable or perpetual, or non-free where the tenancy terminated on the tenant's death or at an earlier specified period. High medieval period In England's ancient past large parts of the realm were unoccupied and owned as allodial titles: the landowners simply cooperated with the king out of a mutual interest instead of legal obligation. It was not until the Norman conquest, when William the Conqueror declared himself to be the sole allodial owner of the entire realm, that land tenures changed drastically. In William's kingdom the common exchange and sale of land became restricted and all landholders were made to provide a service to their lord ("'' no land without a lord''"). Norman reforms William stripped the land from those who opposed him and redis ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
