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Land tenure is the name given, particularly in common law systems, to the legal regime in which land is owned by an individual, who is said to "hold" the land. The sovereign monarch, known as The Crown, held land in its own right. All private owners are either its tenants or sub-tenants. The term "tenure" is used to signify the relationship between tenant and lord, not the relationship between tenant and land. This article concerns the common-law legal system, as contrasted with the civil law legal system; for other meanings of the term, within the field of law, see common law (disambiguation). ...
The Crown is a term which is used to separate the government authority and property of the state in a kingdom from any personal influence and private assets held by the current Monarch. ...
Historically in the system of feudalism, the lords who received land directly from the Crown were called tenants in chief. They doled out portions of their land to lesser tenants in exchange for services, who in turn divided it among even lesser tenants. This process--that of granting subordinate tenancies--is known as subinfeudation. In this way, all individuals except the monarch were said to hold the land "of" someone else. Roland pledges his fealty to Charlemagne; from a manuscript of a chanson de geste. ...
Historically, it was usual for there to be reciprocal duties between lord and tenant. There were different kinds of tenure to fit various kinds of duties that a tenant might owe to a lord. For instance, a military tenure might require the tenant to supply the lord with a number of armed knights. The concept of tenure has since evolved into other forms, such as leases and estates. This article or section should include material from Tenancy agreement A lease is a contract conveying from one person (the lessor) to another person (the lessee) the right to use and control some article of property for a specified period of time (the term), without conveying ownership, in exchange for...
An Estate comprises the houses and outbuildings and supporting farmland and woods that surround the gardens and grounds of a very large property, such as a country house or mansion. ...
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. Bayeux Tapestry depicting events leading to the Battle of Hastings The Norman Conquest of England was the conquest of the Kingdom of England by William the Conqueror (Duke of Normandy), in 1066 at the Battle of Hastings and the subsequent Norman control of England. ...
Anglo-Saxon law is a body of legal rules and customs which obtained in England before the Norman conquest, and which constitute, with the Scandinavian laws, the most genuine expression of Teutonic legal thought. ...
William I ( 1027 – September 9, 1087), was King of England from 1066 to 1087. ...
Motto: (French for God and my right) Anthem: Multiple unofficial anthems Capital London Largest city London Official language(s) English Government Constitutional monarchy - Queen Queen Elizabeth II - Prime Minister Tony Blair MP Unification - by Athelstan 927 Area - Total 130,395 km² (1st in UK) 50,346 sq mi - Water (%) Population...
Events January 6 - Harold II is crowned September 20 - Battle of Fulford September 25 - Battle of Stamford Bridge September 29 - William of Normandy lands in England at Pevensey. ...
Doomesday Book (also known as Domesday, or Book of Winchester), was the record of the great survey of England completed in 1086, executed for William the Conqueror, that was similar to a census by a government of today. ...
Motto: (French for God and my right) Anthem: Multiple unofficial anthems Capital London Largest city London Official language(s) English Government Constitutional monarchy - Queen Queen Elizabeth II - Prime Minister Tony Blair MP Unification - by Athelstan 927 Area - Total 130,395 km² (1st in UK) 50,346 sq mi - Water (%) Population...
Allodial land, or allodium, is literally land which has no lord. ...
Motto: (French for God and my right) Anthem: Multiple unofficial anthems Capital London Largest city London Official language(s) English Government Constitutional monarchy - Queen Queen Elizabeth II - Prime Minister Tony Blair MP Unification - by Athelstan 927 Area - Total 130,395 km² (1st in UK) 50,346 sq mi - Water (%) Population...
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 pyramid of feudal relationships. (see also Lord of the manor). At the bottom of the feudal pyramid were the tenants who lived on and worked the land (called the tenants in demesne and also the tenant paravail). In the middle were the lords who had no direct relationship with the King, or with the land in question - referred to as mesne lords. Subinfeudation, in English law, the practice by which tenants, holding land under the king or other superior lord, carved out in their turn by sub-letting or alienating a part of their lands new and distinct tenures. ...
In England, Lord of the Manor is a feudal title. ...
A mesne lord was a lord in the feudal system who had vassals who held land from him, but who was himself the vassal of a higher lord. ...
Land was granted in return for various "services" and "incidents". A service was an obligation on the part of the tenant owed to the landlord. The most important were payment of rent (socage tenure), military service (Knight-service), the performance of some form of religious service (frank-almoigne tenure) and personal/official service, including in times of war (serjeanty tenure). Socage was one of the forms of land tenure in the feudal system. ...
Knight-service, the dominant and distinctive tenure of land under the feudal system. ...
The examples and perspective in this article may not represent a worldwide view. ...
Incidents, on the other hand, were rights conferred on the lord over the tenant's land or the tenant's person that arose in certain circumstances, most commonly on the death of the tenant. An important incident was that of escheat, whereby the land of the tenant by knight service would escheat to the Crown in the event either of there being no heirs, or the knight's being convicted of a felony. Escheat is an obstruction of the course of descent and the consequent reversion of property to the original grantor. ...
Spatial fragmentation of proprietary interests The concept of land tenure has been described as a "spatial fragmentation of proprietary interests in land". No one person could claim absolute ownership of a parcel of land, except the Crown. Thus the modern concept of "ownership" is not helpful in explaining the complexity of the distribution of rights. In relation to a particular piece of land, a number of people had rights: first, the tenant in demesne with possessory rights; second the mesne lord to whom the tenant owed services; third, a tenant in chief to whom the mesne lord owed services; and finally the Crown who received services directly from the tenant in chief. Ownership is the state or fact of exclusive possession or control of property, which may be an object, land/real estate, intellectual property or some other kind of property. ...
Decline of land tenure The feudal system in England gradually became more and more complex until eventually the process became cumbrous and services difficult to enforce. As a result, the statute of Quia Emptores was passed in 1290 to replace subinfeudation with substitution, so the subordinate tenant transferred their tenure rather than creating a new subordinate tenure. As tenancies came to an end, the number of layers in the feudal pyramid was reduced. In 1660 the Tenures Abolition Act abolished knight service, converting all free tenures to socage tenure. The Statute of Quia Emptores (1290) was a statute passed by Edward I of England that prevented tenants from leasing their lands to others through subinfeudation. ...
For broader historical context, see 1290s and 13th century. ...
// Events January 1 - Colonel George Monck with his regiment crosses from Scotland to England at the village of Coldstream and begins advance towards London in support of English Restoration. ...
Quia Emptores and its equivalents do not apply to leases and life estates. In essence, lease of land to a tenant is a form of subinfeudation (unless the lease is granted by the Crown). This article or section should include material from Tenancy agreement A lease is a contract conveying from one person (the lessor) to another person (the lessee) the right to use and control some article of property for a specified period of time (the term), without conveying ownership, in exchange for...
A life estate, at common law is an estate in real property that ends at death. ...
Importance of tenure today Although the doctrine of tenure has little importance today,its influence still lingers in some areas.
The concepts of landlord and tenant have been recycled to refer to the modern relationship of the parties to land which is held under a lease. It has been pointed out by Professor F.H. Lawson in Introduction to the Laws of Property (1958), however, that the landlord-tenant relationship never really fitted in the feudal system and was rather an "alien commercial element". 1958 (MCMLVIII) was a common year starting on Wednesday of the Gregorian calendar. ...
The doctrine of tenure did not apply to personalty (personal property). However, the relationship of bailment in the case of chattels closely resembles the landlord-tenant relationship that can be created in land. Personal property is a type of property. ...
Bailment describes a legal relationship where physical possession of personal property (chattels) is transferred from one person (the bailor) to another person (the bailee) who subsequently holds possession of the property. ...
Personal property is a type of property. ...
References - J. H. Baker. An Introduction to English Legal History (3rd edition) 1990 Butterworths. ISBN 0-406-53101-3
See also Bill and Explanatory Memorandum see: [1] Roland pledges his fealty to Charlemagne; from a manuscript of a chanson de geste. ...
Under the system of feudalism, a fiefdom, fief, feud or fee, often consisted of heritable lands or revenue-producing property granted by a liege lord in return for a form of allegiance, originally often to give him the means to fulfill his military duties when called upon. ...
Generic plan of a mediaeval manor; open-field strip farming, some enclosures, triennial crop rotation, demesne and manse, common woodland, pasturage and meadow Manorialism or Seigneurialism describes the organization of rural economy and society in medieval western and parts of central Europe, characterised by the vesting of legal and economic...
Allodial land, or allodium, is literally land which has no lord. ...
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