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Copyhold Court
Copyhold was a form of customary land ownership common from the Late Middle Ages into modern times in England. The name for this type of land tenure is derived from the act of giving a copy of the relevant title deed that is recorded in the manorial court roll to the tenant; not the actual land deed itself. The legal owner of the manor land remained the mesne lord, who was legally the ''copyholder'', according to the titles and customs written down in the manorial roll. In return for being given land, a copyhold tenant was required to carry out specific manorial duties or services. The specific rights and duties of copyhold tenants varied greatly from one manor to another and many were established by custom. By the 19th century, many customary duties had been replaced with the payment of rent. Copyhold was directly descended from the feudal system of villeinage which involved giving service and produce to the local lord in return for land. Although feudalism in England had ende ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Custom (law)
A legal custom is the established pattern of behavior that can be objectively verified within a particular social setting. A claim can be carried out in defense of "what has always been done and accepted by law". Customary law (also, consuetudinary or unofficial law) exists where: #a certain legal practice is observed and #the relevant actors consider it to be an opinion of law or necessity ('' opinio juris''). Most customary laws deal with ''standards of the community'' that have been long-established in a given locale. However, the term can also apply to areas of international law where certain standards have been nearly universal in their acceptance as correct bases of action – for example, laws against piracy or slavery (see ''hostis humani generis''). In many, though not all instances, customary laws will have supportive court rulings and case law that have evolved over time to give additional weight to their rule as law and also to demonstrate the trajectory of evolu ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Renting
Renting, also known as hiring or letting, is an agreement where a payment is made for the temporary use of a good, service or property owned by another. A gross lease is when the tenant pays a flat rental amount and the landlord pays for all property charges regularly incurred by the ownership. An example of renting is equipment rental. Renting can be an example of the sharing economy. History Various types of rent are referenced in Roman law: rent (''canon'') under the long leasehold tenure of Emphyteusis; rent (''reditus'') of a farm; ground-rent (''solarium''); rent of state lands (''vectigal''); and the annual rent (''prensio'') payable for the ''jus superficiarum'' or right to the perpetual enjoyment of anything built on the surface of land. Reasons for renting There are many possible reasons for renting instead of buying, for example: *In many jurisdictions (including India, Spain, Australia, United Kingdom and the United States) rent paid in a trade or business is ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
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 essentia ... [...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 redist ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Fealty
An oath of fealty, from the Latin ''fidelitas'' (faithfulness), is a pledge of allegiance of one person to another. Definition In medieval Europe, the swearing of fealty took the form of an oath made by a vassal, or subordinate, to his lord. "Fealty" also referred to the duties incumbent upon a vassal that were owed to the lord, which consisted of service and aid.Coredon ''A Dictionary of Medieval Terms and Phrases'' p. 120 One part of the oath of fealty included swearing to always remain faithful to the lord. The oath of fealty usually took place after the act of homage, when, by the symbolic act of kneeling before the lord and placing his hands between the hands of the lord, the vassal became the "man" of the lord. Usually, the lord also promised to provide for the vassal in some form, either through the granting of a fief or by some other manner of support.Saul "Feudalism" ''Companion to Medieval England'' pp. 102-105 Typically, the oath took place upon a religious object such ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Leasehold
A leasehold estate is an ownership of a temporary right to hold land or property in which a lessee or a tenant holds rights of real property by some form of title from a lessor or landlord. Although a tenant does hold rights to real property, a leasehold estate is typically considered personal property. Leasehold is a form of land tenure or property tenure where one party buys the right to occupy land or a building for a given length of time. As a lease is a legal estate, leasehold estate can be bought and sold on the open market. A leasehold thus differs from a freehold or fee simple where the ownership of a property is purchased outright and thereafter held for an indeterminate length of time, and also differs from a tenancy where a property is let (rented) on a periodic basis such as weekly or monthly. Terminology and types of leasehold vary from country to country. Sometimes, but not always, a residential tenancy under a lease agreement is colloquially known as renting. The l ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
999-year Lease
A 999-year lease, under historic common law, is an essentially permanent lease of property. The lease locations are mainly in Britain, its former colonies, and the Commonwealth. A former colony, the Republic of Mauritius (''The Raphael Fishing Company Ltd v. The State of Mauritius & Anor'' (Mauritius) 008UKPC 43 (30 July 2008)) established legal precedent on 30 July 2008 in respect of a 1901 'permanent lease' on the Thirteen Islands of St. Brandon (Cargados Carajos) which were adjudged as being a permanent grant by the Privy Council of the United Kingdom. Examples of land subject to a 999-year lease agreement or Permanent Grant See also * 99-year lease * 999-year leases in Hong Kong 999-year leases in Hong Kong are a rare form of lease in Hong Kong. History They were almost exclusively granted from 1849 to May 1898 on Hong Kong Island and in Kowloon. Some exceptions include Hang Cheong Tai Building (1900), Cheung Ling M ... References {{Reflist Real property law C ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Freehold (real Property)
In English law, a fee simple or fee simple absolute is an estate in land, a form of freehold ownership. A "fee" is a vested, inheritable, present possessory interest in land. A "fee simple" is real property held without limit of time (i.e., permanently) under common law, whereas the highest possible form of ownership is a "fee simple absolute," which is without limitations on the land's use (such as qualifiers or conditions that disallow certain uses of the land or subject the vested interest to termination). The rights of the fee-simple owner are limited by government powers of taxation, compulsory purchase, police power, and escheat, and may also be limited further by certain encumbrances or conditions in the deed, such as, for example, a condition that required the land to be used as a public park, with a reversion interest in the grantor if the condition fails; this is a fee simple conditional. History The word "fee" is related to the term fief, meaning a feudal landhol ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Common Law
In law, common law (also known as judicial precedent, judge-made law, or case law) is the body of law created by judges and similar quasi-judicial tribunals by virtue of being stated in written opinions."The common law is not a brooding omnipresence in the sky, but the articulate voice of some sovereign or quasi sovereign that can be identified," ''Southern Pacific Company v. Jensen'', 244 U.S. 205, 222 (1917) (Oliver Wendell Holmes, dissenting). By the early 20th century, legal professionals had come to reject any idea of a higher or natural law, or a law above the law. The law arises through the act of a sovereign, whether that sovereign speaks through a legislature, executive, or judicial officer. The defining characteristic of common law is that it arises as precedent. Common law courts look to the past decisions of courts to synthesize the legal principles of past cases. '' Stare decisis'', the principle that cases should be decided according to consistent principled rules so ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Will And Testament
A will or testament is a legal document that expresses a person's (testator) wishes as to how their property ( estate) is to be distributed after their death and as to which person ( executor) is to manage the property until its final distribution. For the distribution (devolution) of property not determined by a will, see inheritance and intestacy. Though it has at times been thought that a "will" historically applied only to real property while "testament" applied only to personal property (thus giving rise to the popular title of the document as "last will and testament"), the historical records show that the terms have been used interchangeably. Thus, the word "will" validly applies to both personal and real property. A will may also create a testamentary trust that is effective only after the death of the testator. History Throughout most of the world, the disposition of a dead person's estate has been a matter of social custom. According to Plutarch, the written will was ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Pur Autre Vie
In property law of countries with a common law background, including the United States and some Canadian provinces, pur autre vie (Law French for "for another slife") is a duration of a proprietary freehold interest in the form of a variant of a life estate. While it is similar to a standard 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 ... pur sa vie (for his or her own life), it differs in that a person's life interest will last for the life of ''another person'', the cestui que vie, instead of his or her own. For example, if Bob is given use of the family house for as long as his mother lives, he has possession of the house pur autre vie. A life estate pur autre vie can be created when a contingent remainder is destroyed, in a Doctrine of Merger situation, where ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Manorial Roll
A manorial roll or court roll is the roll or record kept of the activities of a manorial court, in particular containing entries relating to the rents and holdings, deaths, alienations, and successions of the customary tenants or copyholders."court roll, n.". ''OED Online''. November 2010. Oxford University Press The records were invariably kept in roll form in the Middle Ages, but in the post-medieval period were more usually entered into volumes. Despite this change of format, the records often continued to be known as ''court rolls'', although the term ''court books'' is also found. The rolls record the meetings of the manorial court, either court leet or court baron, or views of frankpledge. Entries usually began with the date; a list of jurors (selected from the manor); and apologies and/or fines for those manorial tenants unable to attend the court. General matters such as a failure to maintain highways or gates are followed by specific items such as the death and inherita ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
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