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Fee Simple
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] |
English Law
English law is the common law legal system of England and Wales, comprising mainly criminal law and civil law, each branch having its own courts and procedures. Principal elements of English law Although the common law has, historically, been the foundation and prime source of English law, the most authoritative law is statutory legislation, which comprises Acts of Parliament, regulations and by-laws. In the absence of any statutory law, the common law with its principle of '' stare decisis'' forms the residual source of law, based on judicial decisions, custom, and usage. Common law is made by sitting judges who apply both statutory law and established principles which are derived from the reasoning from earlier decisions. Equity is the other historic source of judge-made law. Common law can be amended or repealed by Parliament. Not being a civil law system, it has no comprehensive codification. However, most of its criminal law has been codified from its common la ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Serjeanty
Under feudalism in France and England during the Middle Ages, tenure by serjeanty () was a form of tenure in return for a specified duty other than standard knight-service. Etymology The word comes from the French noun , itself from the Latin , "serving", the present participle of the verb , "to keep, preserve, save, rescue, deliver". "Sergeant" is derived from the same source, though developing an entirely different meaning. Origins and development Serjeanty originated in the assignation of an estate in land on condition of the performance of a certain duty other than knight-service, usually the discharge of duties in the household of the king or a noble. It ranged from non-standard service in the king's army (distinguished only by equipment from that of the knight), to petty renders (for example the rendering of a quantity of basic food such as a goose) scarcely distinguishable from those of the rent-paying tenant or socager. The legal historians Frederick Pollock and Freder ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
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 subinfeudate ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Statute
A statute is a formal written enactment of a legislative authority that governs the legal entities of a city, state, or country by way of consent. Typically, statutes command or prohibit something, or declare policy. Statutes are rules made by legislative bodies; they are distinguished from case law or precedent, which is decided by courts, and regulations issued by government agencies. Publication and organization In virtually all countries, newly enacted statutes are published and distributed so that everyone can look up the statutory law. This can be done in the form of a government gazette which may include other kinds of legal notices released by the government, or in the form of a series of books whose content is limited to legislative acts. In either form, statutes are traditionally published in chronological order based on date of enactment. A universal problem encountered by lawmakers throughout human history is how to organize published statutes. Such publications h ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Subinfeudation
In English law, subinfeudation is the practice by which tenants, holding land under the king or other superior lord, carved out new and distinct tenures in their turn by sub-letting or alienating a part of their lands. The tenants were termed mesne lords, with regard to those holding from them, the immediate tenant being ''tenant in capite''. The lowest tenant of all was the freeholder, or, as he was sometimes termed, ''tenant paravail''. The Crown, who in theory owned all lands, was ''lord paramount''. The great lords looked with dissatisfaction on the increase of such subtenures. Accordingly, in 1290 a statute was passed, , which allowed the tenant to alienate whenever he pleased, but the person to whom he granted the land was to hold it for the same immediate lord, and by the same services as the alienor held it before. Scotland In Scots law, the feudal system was abolished by the Abolition of Feudal Tenure etc. (Scotland) Act 2000. The length of a lease was limited to 17 ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
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 feudalism its ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Norman Dynasty
The House of Normandy ( nrf, Maison de Nouormandie ) designates the noble family which originates from the Duchy of Normandy and whose members were counts of Rouen, dukes of Normandy, as well as kings of England following the Norman conquest of England. It lasted until the House of Plantagenet came to power in 1154. The house emerged from the union between the Viking Rollo (first ruler of Normandy) and Poppa of Bayeux, a West Frankish noblewoman. William the Conqueror and his heirs down through 1135 were members of this dynasty. After that it was disputed between William's grandchildren, Matilda, whose husband Geoffrey was the founder of the House of Plantagenet, and Stephen of the House of Blois (or Blesevin dynasty). The Norman counts of Rouen were: *Rollo, 911–927 *William Longsword, 927–942 The Norman dukes of Normandy were: *Richard I, 942–996 * Richard II, 996–1027 *Richard III, 1026–1027 *Robert I, 1027–1035 *William, 1035–1066 (became King of England ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Estate (law)
An estate, in common law, is the net worth of a person at any point in time, alive or dead. It is the sum of a person's assets – legal rights, interests and entitlements to property of any kind – less all liabilities at that time. The issue is of special legal significance on a question of bankruptcy and death of the person. (See inheritance.) Depending on the particular context, the term is also used in reference to an estate in land or of a particular kind of property (such as real estate or personal estate). The term is also used to refer to the sum of a person's assets only. The equivalent in civil law legal systems is patrimony. Bankruptcy Under United States bankruptcy law, a person's estate consists of all assets or property of any kind available for distribution to creditors. However, some assets are recognized as exempt to allow a person significant resources to restart his or her financial life. In the United States, asset exemptions depend on various ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Abstract Entity
In metaphysics, the distinction between abstract and concrete refers to a divide between two types of entities. Many philosophers hold that this difference has fundamental metaphysical significance. Examples of concrete objects include plants, human beings and planets while things like numbers, sets and propositions are abstract objects. There is no general consensus as to what the characteristic marks of concreteness and abstractness are. Popular suggestions include defining the distinction in terms of the difference between (1) existence inside or outside space-time, (2) having causes and effects or not, (3) having contingent or necessary existence, (4) being particular or universal and (5) belonging to either the physical or the mental realm or to neither. Despite this diversity of views, there is broad agreement concerning most objects as to whether they are abstract or concrete. So under most interpretations, all these views would agree that, for example, plants are concrete ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Allodial Title
Allodial title constitutes ownership of real property (land, buildings, and fixtures) that is independent of any superior landlord. Allodial title is related to the concept of land held "in allodium", or land ownership by occupancy and defense of the land. Most property ownership in common law jurisdictions is fee simple. In the United States, the land is subject to eminent domain by federal, state and local government, and subject to the imposition of taxes by state and/or local governments, and there is thus no true allodial land. Some states within the U.S. (notably, Nevada and Texas) have provisions for considering land allodial under state law, and the term may be used in other circumstances. Land is "held of the Crown" in England and Wales and other jurisdictions in the Commonwealth realms. Some land in the Orkney and Shetland Islands, known as udal land, is held in a manner akin to allodial land in that these titles are not subject to the ultimate ownership of the ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Allodium
In the law of the Middle Ages and early Modern Period and especially within the Holy Roman Empire, an allod (Old Low Franconian ''allōd'' ‘fully owned estate’, from ''all'' ‘full, entire’ and ''ōd'' ‘estate’, Medieval Latin ''allodium''), also allodial land or allodium, is an estate in land over which the allodial landowner (allodiary) had full ownership and right of alienation. Description Historically holders of allods are a type of sovereign. Allodial land is described as territory or a state where the holder asserted right to the land by the grace of god and the sun. For this reason they were historically equal to other princes regardless of what the size of their territory was or what title they used. This definition is confirmed by the acclaimed Jurist Hugo Grotius, the father of international law and the concept of sovereignty. "holders of allodial land are sovereign" because allodial land is by nature free, hereditary, inherited from their forefathers, sove ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Radical Title
Allodial title constitutes ownership of real property (land, buildings, and fixtures) that is independent of any superior landlord. Allodial title is related to the concept of land held "in allodium", or land ownership by occupancy and defense of the land. Most property ownership in common law jurisdictions is fee simple. In the United States, the land is subject to eminent domain by federal, state and local government, and subject to the imposition of taxes by state and/or local governments, and there is thus no true allodial land. Some states within the U.S. (notably, Nevada and Texas) have provisions for considering land allodial under state law, and the term may be used in other circumstances. Land is "held of the Crown" in England and Wales and other jurisdictions in the Commonwealth realms. Some land in the Orkney and Shetland Islands, known as udal land, is held in a manner akin to allodial land in that these titles are not subject to the ultimate ownership of the Crown ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
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