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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 sub-Roman Britain, post-Roman chieftains and Anglo-Saxon royal genealogies, Anglo-Saxon monarchs, land was the dominant source of personal wealth. English land law transformed further from the Anglo-Saxon days, particularly during the post-Norman Invasion feudal encastellation and the Industrial Revolution. As the political power of the Landed gentry, 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, Roman law itself. The Greeks and the Anc ...
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Bayeux Tapestry, Scene 40
Bayeux (, ; ) is a commune in the Calvados department in Normandy in northwestern France. Bayeux is the home of the Bayeux Tapestry, which depicts the events leading up to the Norman Conquest of England in 1066. It is also known as the first major town secured by the Allies during Operation Overlord after D-Day. Charles de Gaulle made two famous speeches in this town. Administration Bayeux is a sub-prefecture of Calvados. It is the seat of the arrondissement of Bayeux and of the canton of Bayeux. Geography Bayeux is located from the coast of the English Channel and north-west of Caen. The city, with elevations varying from above sea level – with an average of – is bisected by the River Aure. Bayeux is located at the crossroads of RN 13 and the train route Paris-Caen-Cherbourg. The city is the capital of the Bessin, which extends north-west of Calvados. Bayeux station has rail connections to Caen, Cherbourg, Granville and Paris. The river Aure flows through Baye ...
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Bocland
Bookland () was a type of land tenure under Anglo-Saxon law and referred to land that was vested by a charter. Land held without a charter was known as ''folkland'' (). The distinction in meaning between these terms is a consequence of Anglo-Saxon land law. The concept of bookland arose in the seventh century and referred to land that could be 'alienated' (i.e., disposed of) at will. It evolved to resemble ownership in the modern sense. Folkland was land held under ancient, unwritten folk-law or custom and by that custom it could not be alienated (i.e., removed) from the kin of the holder, except under special circumstances. No such claim by the kin could be made on bookland. The definition of those ancient folk-laws and customs, and the definition of the word ''folkland'', has long been the subject of controversy. The model suggested by the historian Patrick Wormald, given in the definition above, allows for the graceful sidestepping of that controversy. A related concept was '' ...
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Real Property
In English common law, real property, real estate, immovable property or, solely in the US and Canada, realty, refers to parcels of land and any associated structures which are the property of a person. For a structure (also called an Land improvement, improvement or Fixture (property law), fixture) to be considered part of the real property, it must be integrated with or affixed to the land. This includes crops, buildings, machinery, wells, dams, ponds, mines, canals, and roads. The term is historic, arising from the now-discontinued form of action, which distinguished between real property disputes and personal property disputes. Personal property, or personalty, was, and continues to be, all property that is not real property. In countries with personal ownership of real property, civil law (legal system), civil law protects the status of real property in real-estate markets, where estate agents work in the market of buying and selling real estate. Scottish civil law calls ...
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Estate In Land
An estate in land is, in the law of England and Wales, an interest in real property that is or may become possessory. It is a type of personal property and encompasses land ownership, rental and other arrangements that give people the right to use land. This is distinct from sovereignty over the land, which includes the right to government and taxation. This should be distinguished from an " estate" as used in reference to an area of land, and " estate" as used to refer to property in general. In property law, the rights and interests associated with an estate in land may be conceptually understood as a " bundle of rights" because of the potential for different parties having different interests in the same real property. Categories of estates Estates in land can be divided into four basic categories: # Freehold estates: rights of conveyable exclusive possession and use, having ''immobility'' and ''indeterminate duration'' #* fee simple #** fee simple absolute—most ri ...
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Land Tenure
In Common law#History, common law systems, land tenure, from the French verb "" 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 farmer, 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 r ...
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Distraint
Distraint or distress is "the seizure of someone’s property in order to obtain payment of rent or other money owed", especially in common law countries. Distraint is the act or process "whereby a person (the ''distrainor''), traditionally even without prior court approval, seizes the personal property of another located upon the distrainor's land in satisfaction of a claim, as a pledge for performance of a duty, or in reparation of an injury." Distraint typically involves the seizure of goods ( chattels) belonging to the tenant by the landlord to sell the goods for the payment of the rent. In the past, distraint was often carried out without court approval. Today, some kind of court action is usually required, the main exception being certain tax authorities – such as HM Revenue and Customs in the United Kingdom and the Internal Revenue Service in the United States – and other agencies that retain the legal power to levy assets (by either seizure or distraint) without a cou ...
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Common Land
Common land is collective land (sometimes only open to those whose nation governs the land) in which all persons have certain common rights, such as to allow their livestock to graze upon it, to collect wood, or to cut turf for fuel. A person who has a right in, or over, common land jointly with another or others is usually called a commoner. In Great Britain, common land or former common land is usually referred to as a common; for instance, Clapham Common and Mungrisdale Common. Due to enclosure, the extent of common land is now much reduced from the hundreds of square kilometres that existed until the 17th century, but a considerable amount of common land still exists, particularly in upland areas. There are over 8,000 registered commons in England alone. Origins Originally in medieval England the common was an integral part of the manor, and was thus part of the estate held by the lord of the manor under a grant from the Crown or a superior peer (who in turn held hi ...
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Homage (feudal)
Homage (/ˈhɒmɪdʒ/ or ) (from Medieval Latin , lit. "pertaining to a man") in the Middle Ages was the ceremony in which a feudal tenant or vassal pledged reverence and submission to his feudal lord, receiving in exchange the symbolic title to his new position ( investiture). It was a symbolic acknowledgement to the lord that the vassal was, literally, his man (''homme''). The oath known as "fealty" implied lesser obligations than did "homage". Further, one could swear "fealty" to many different overlords with respect to different land holdings, but "homage" could only be performed to a single liege, as one could not be "his man" (i.e., committed to military service) to more than one "liege lord". The ceremony of homage was used in many regions of Europe to symbolically bind two men together. The vassal to-be would go down on their knee and place their palms together as if praying. The lord to-be would place his hands over the hands of the vassal, while the vassal made a short ...
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Commonwealth
A commonwealth is a traditional English term for a political community founded for the common good. The noun "commonwealth", meaning "public welfare, general good or advantage", dates from the 15th century. Originally a phrase (the common-wealth or the common wealth – echoed in the modern synonym "public wealth"), it comes from the old meaning of "wealth", which is "well-being", and was deemed analogous to the Latin ''res publica''. The term literally meant "common well-being". In the 17th century, the definition of "commonwealth" expanded from its original sense of " public welfare" or " commonweal" to mean "a state in which the supreme power is vested in the people; a republic or democratic state". The term evolved to become a title to a number of political entities. Three countries – Australia, the Bahamas, and Dominica – have the official title "Commonwealth", as do four U.S. states and two U.S. territories. Since the early 20th century, the term has been used to name ...
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Lord Paramount
A lord paramount is a term of art in feudal law describing an overlord who holds his own fief from no superior lord. It thus describes a person who holds allodial title, owing no socage or feudal obligations such as military service. This was distinguished from a mesne lord who held his own fief from a superior. Name The term ''paramount'' derives from the Anglo-Norman ("up above") or ("atop the mountain") and was used to indicate the lord who was the highest authority for a given location. Similar terminology was used for the vassals of mesne lords, who were considered "paravail" from ("in the valley"). This latter term, however, was confused by later lawyers with "avail" in its senses of help, assistance, and profit and was eventually applied only to the actual occupiers or tenants who worked the land themselves. The vassal of a lord paramount, meanwhile, was a tenant-in-chief. Instances Generally speaking, under English law after the 1066 Norman Conquest, only the so ...
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The Crown
The Crown is a political concept used in Commonwealth realms. Depending on the context used, it generally refers to the entirety of the State (polity), state (or in federal realms, the relevant level of government in that state), the executive government specifically or only to the monarch and their Viceroy, direct representatives. The term can be used to refer to the rule of law; or to the functions of executive (government), executive (the Crown-King-in-Council, in-council), legislative (the Crown-in-parliament), and judicial (the Crown on the bench) governance and the civil service. The concept of the Crown as a corporation sole developed first in the Kingdom of England as a separation of the physical crown and property of the kingdom from the person and personal property of the monarch. It spread through English and later British colonisation and developed into an imperial crown, which rooted it in the legal lexicon of all 15 Commonwealth realms, their various dependencies, ...
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Realm
A realm is a community or territory over which a sovereign rules. The term is commonly used to describe a monarchical or dynastic state. A realm may also be a subdivision within an empire, if it has its own monarch, e.g. the German Empire. Etymology The Old French word , modern French , was the word first adopted in English; the fixed modern spelling does not appear until the beginning of the 17th century. The word supposedly derives from medieval Latin , from , of or belonging to a . The word ''rex'' itself is derived from the Latin verb , which means . Thus the literal meaning of the word ''realm'' is , traditionally a monarch (emperor, king, grand duke, prince, etc.). Usage "Realm" is particularly used for those states whose name includes the word ''kingdom'' (for example, the United Kingdom), as elegant variation, to avoid clumsy repetition of the word in a sentence (for example, "The King's realm, the United Kingdom..."). It is also useful to describe those countries who ...
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