History Of English Land Law
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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 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 esse ...
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Bayeux Tapestry, Scene 40
Bayeux () is a Communes of France, commune in the Calvados (department), Calvados Departments of France, department in Normandy (administrative region), Normandy in northwestern France. Bayeux is the home of the Bayeux Tapestry, which depicts the events leading up to the Norman conquest of England. It is also known as the first major town secured by the Allies during Operation Overlord. Charles de Gaulle made The Bayeux speeches, two famous speeches in this town. Administration Bayeux is a Subprefectures in France, sub-prefecture of Calvados. It is the seat of the arrondissement of Bayeux and of the cantons of France, 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 mean sea level, above sea level – with an average of – is bisected by the Aure (river), River Aure. Bayeux is located at the crossroads of Route nationale 13, RN 13 and the train route Paris-Caen-Cherbour ...
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Serfdom
Serfdom was the status of many peasants under feudalism, specifically relating to manorialism, and similar systems. It was a condition of debt bondage and indentured servitude with similarities to and differences from slavery, which developed during the Late Antiquity and Early Middle Ages in Europe and lasted in some countries until the mid-19th century. Unlike slaves, serfs could not be bought, sold, or traded individually though they could, depending on the area, be sold together with land. The kholops in Russia, by contrast, could be traded like regular slaves, could be abused with no rights over their own bodies, could not leave the land they were bound to, and could marry only with their lord's permission. Serfs who occupied a plot of land were required to work for the lord of the manor who owned that land. In return, they were entitled to protection, justice, and the right to cultivate certain fields within the manor to maintain their own subsistence. Serfs were ...
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William The Conqueror
William I; ang, WillelmI (Bates ''William the Conqueror'' p. 33– 9 September 1087), usually known as William the Conqueror and sometimes William the Bastard, was the first Norman king of England The monarchy of the United Kingdom, commonly referred to as the British monarchy, is the constitutional form of government by which a hereditary sovereign reigns as the head of state of the United Kingdom, the Crown Dependencies (the Bailiw ..., reigning from 1066 until his death in 1087. A descendant of Rollo, he was Duke of Normandy from 1035 onward. By 1060, following a long struggle to establish his throne, his hold on Normandy was secure. In 1066, following the death of Edward the Confessor, William invaded England, leading an army of Normans to victory over the Anglo-Saxons, Anglo-Saxon forces of Harold Godwinson at the Battle of Hastings, and suppressed subsequent English revolts in what has become known as the Norman Conquest. The rest of his life was marked by str ...
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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 s ...
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Real Property
In English common law, real property, real estate, immovable property or, solely in the US and Canada, realty, is land which is the property of some person and all structures (also called improvements or fixtures) integrated with or affixed to the land, including crops, buildings, machinery, wells, dams, ponds, mines, canals, and roads, among other things. 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 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 real property "heritable property", and in French-based law, it is called ''immobilier'' ("immovable property"). Historical background The word "r ...
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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 rights, ...
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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. ...
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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, distress 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 land owned by a person or collectively by a number of persons, over which other 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 the New Forest, the New Forest Commoner is recognised as a minority cultural identity as well as an agricultural vocation, and members of this community are referred to as Commoners. 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 millions of acres 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 ...
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Homage (feudal)
Homage (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". There have been some conflicts about obligations of homage in history. For example, the Angevin monarchs of England were sovereign in England, i.e., they had no duty of homage regarding those holdings; but they were not sovereign regarding their French holdings. Henry II was king of England, but he ...
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Commonwealth
A commonwealth is a traditional English term for a political community founded for the common good. Historically, it has been synonymous with " republic". 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 is itself a loose translation of the Latin res publica (republic). 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. ...
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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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