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Use (law)
USE, as a term in real property of common law countries, amounts to a recognition of the duty of a person to whom property has been conveyed for certain purposes, to carry out those purposes. Uses were equitable or beneficial interests in land. In early law a man could not dispose of his estate by will nor could religious houses acquire it. As a method of evading the common law, the practice arose of making feoffments to the use of, or upon trust for, persons other than those to whom the seisin or legal possession was delivered, to which the equitable jurisdiction of the chancellor gave effect. To remedy the abuses which it was said were occasioned by this evasion of the law the Statute of Uses of 1536 was passed. However it failed to accomplish its purpose. Out of this failure of the Statute of Uses arose the modern law of trusts (see that article for further details). CONTENTS * 1 Development of the use * 2 Enforcement of uses * 3 The Statute of Uses * 4 See also * 5 References DEVELOPMENT OF THE USEOne reason for the creation of uses was a desire to avoid the strictness of the rules of the common law, which considered seisin to be all-important and therefore refused to allow a legal interest to be created to spring up in the future. Although the common law recognised a use in chattels from an early period, it was clear by the end of the fourteenth century that land law had no room for this notion
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Real Property
In English common law , REAL PROPERTY, REAL ESTATE, REALTY, or IMMOVABLE PROPERTY 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 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")
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Common Law
COMMON LAW (also known as JUDICIAL PRECEDENT or JUDGE-MADE LAW or CASE LAW ) is the body of law developed by judges, courts, and similar tribunals. The defining characteristic of “common law” is that it arises as precedent. In cases where the parties disagree on what the law is, a common law court looks to past precedential decisions of relevant courts, and synthesizes the principles of those past cases as applicable to the current facts. If a similar dispute has been resolved in the past, the court is usually bound to follow the reasoning used in the prior decision (a principle known as _stare decisis_). If, however, the court finds that the current dispute is fundamentally distinct from all previous cases (called a "matter of first impression "), and legislative statutes are either silent or ambiguous on the question, judges have the authority and duty to resolve the issue (one party or the other has to win, and on disagreements of law, judges make that decision). The court states an opinion that gives reasons for the decision, and those reasons agglomerate with past decisions as precedent to bind future judges and litigants. Common law, as the body of law made by judges, stands in contrast to and on equal footing with statutes which are adopted through the legislative process, and regulations which are promulgated by the executive branch (the interactions are explained later in this article)
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Feoffment
In the Middle Ages
Middle Ages
, especially under the European feudal system , FEOFFMENT or ENFEOFFMENT was the deed by which a person was given land in exchange for a pledge of service. This mechanism was later used to avoid restrictions on the passage of title in land by a system in which a landowner would give land to one person for the use of another. The common law of estates in land grew from this concept. CONTENTS * 1 England * 2 Asia * 3 See also * 4 References * 5 External links ENGLANDIn English law, feoffment was a transfer of land or property that gave the new holder the right to sell it as well as the right to pass it on to his heirs as an inheritance. It was total relinquishment and transfer of all rights of ownership of an estate in land from one individual to another. In feudal England a feoffment could only be made of a fee (or "fief"), which is an estate in land , that is to say an ownership of rights over land, rather than ownership of the land itself, the only true owner of which was the monarch under his allodial title . Enfeoffment could be made of fees of various feudal tenures , such as fee-tail or fee-simple . The conveyance or delivery of possession, known as livery of seisin was effected generally on the site of the land in a symbolic ceremony of transfer from the feoffor to the feoffee in the presence of witnesses. Written conveyances were customary and mandatory after 1677
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Seisin
SEISIN (or SEIZIN) denotes the legal possession of a feudal fiefdom or fee, that is to say an estate in land . It was used in the form of "the son and heir of X has obtained seisin of his inheritance", and thus is effectively a term concerned with conveyancing in the feudal era. The person holding such estate is said to be "seized of it", a phrase which commonly appears in inquisitions post mortem (i.e. "The jurors find that X died seized of the manor of ..."). The monarch alone "owned" all the land of England by his allodial right and all his subjects were merely his tenants under various contracts of feudal tenure . CONTENTS * 1 Etymology * 2 Tenures subject to seisin * 3 Varieties of seisin * 3.1 Seisin in law * 3.2 Seisin in deed * 4 Primer seisin * 5 In European feudalism * 5.1 Scotland * 5.2 Ireland * 6 Current legal status * 7 Modern legal interpretation * 8 See also * 9 Sources * 10 References ETYMOLOGY Look up SEISIN in Wiktionary, the free dictionary. Seisin comes from Middle English saysen, seysen, in the legal sense of to put in possession of, or to take possession of, hence, to grasp, to seize. The Old French variations seisir, saisir, are from Low Latin sacire, generally referred to the same source as Gothic satjan, Old English settan, to put in place, set
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Statute Of Uses
THE STATUTE OF USES (27 Hen 8 c 10) was an Act of the Parliament of England that restricted the application of uses in English property law. The Statute was originally conceived by Henry VIII of England as a way to rectify his financial problems by simplifying the law of uses, which moved land outside the royal tax revenue, traditionally gathered through seisin . His initial efforts, which would remove uses almost completely, were stymied at the 1529 Parliament by members of the House of Commons , many of whom were landowners (who would lose money) and lawyers (who benefited in fees from the confusing law on uses). Academics disagree on how the Commons were brought around, but an eventual set of bills introduced in 1535 was passed by both the Lords and Commons in 1536. The eventual bills invalidated all uses that did not impose an active duty on trustees, with the beneficiaries of the use being held as the legal owners of the land, meaning they had to pay tax. The Statute partially led to the Pilgrimage of Grace , and more importantly the development of trusts , but academics disagree as to its effectiveness. While most agree that it was important, with Eric Ives writing that "the effect which its provisions had upon the development of English land law was revolutionary", some say that by allowing uses and devises in certain areas it not only failed to remove the fraudulent element from land law but actively encouraged it
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Trust (property)
Sections * Attestation clause * Residuary clause * Incorporation by reference -------------------------Contest * Testamentary capacity * Undue influence * Insane delusion * Fraud * No-contest clause -------------------------Property disposition * Lapse and anti-lapse * Ademption * Abatement * Satisfaction of legacies * Acts of independent significance * Elective share * Pretermitted heir * Wills and conflict of laws TRUSTS * Express * Resulting * Constructive -------------------------Common types * Bare * Discretionary * Accumulation and maintenance * Interest in possession * Charitable * Purpose * Incentive -------------------------Other types * Protective * Spendthrift * Life insurance * Remainder * Life interest * Reversionary interest * Testamentary * Honorary * Asset-protection * Special needs (Supplemental needs )-------------------------Governing doctrines * Pour-over will * Cy-près doctrine * Hague Convention (conflict law) * Application in civil law * Dishonest assistance ESTATE ADMINISTRATION * Intestacy * Testator * Probate * Power of appointment * Simultaneous death * Slayer rule
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Land Law
LAND LAW is the form of law that deals with the rights to use , alienate , or exclude others from land. In many jurisdictions, these kinds of property are referred to as real estate or real property , as distinct from personal property . Land use agreements, including renting , are an important intersection of property and contract law . Encumbrance on the land rights of one, such as an easement , may constitute the land rights of another. Mineral rights and water rights are closely linked, and often interrelated concepts. Land rights are such a basic form of law that they develop even where there is no state to enforce them; for example, the claim clubs of the American West were institutions that arose organically to enforce the system of rules appurtenant to mining. Squatting , the occupation of land without ownership, is a globally ubiquitous phenomenon. CONTENTS * 1 National sovereignty * 2 Land rights * 3 Limits of national jurisdiction and sovereignty * 4 Land rights and women * 4.1 India * 4.2 Uganda * 5 See also * 6 References NATIONAL SOVEREIGNTYSovereignty , in common law jurisdictions, is often referred to as absolute title , radical title , or allodial title . Nearly all of these jurisdictions have a system of land registration , to record fee simple interests, and a land claim process to resolve disputes
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Cestui Que
Sections * Attestation clause * Residuary clause * Incorporation by reference -------------------------Contest * Testamentary capacity * Undue influence * Insane delusion * Fraud
Fraud
*
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Statute Of Wills
The STATUTE OF WILLS (32 Hen. 8, c. 1 - enacted in 1540) was an Act of the Parliament of England
Parliament of England
. It made it possible, for the first time in post-Conquest English history , for landholders to determine who would inherit their land upon their death by permitting devise by will . Prior to the enactment of this statute, land could be passed by descent only if and when the landholder had competent living relatives who survived him, and it was subject to the rules of primogeniture . When a landholder died without any living relatives, his land would escheat to the Crown . The statute was something of a political compromise between Henry VIII and English landowners, who were growing increasingly frustrated with primogeniture and royal control of land. The STATUTE OF WILLS created a number of requirements for the form of a will, many of which, as of 2008 , survive in common law jurisdictions. Specifically, most jurisdictions still require that a will must be in writing, signed by the testator (the person making the will) and witnessed by at least two other persons. The Uniform Probate Code in the United States carries forward the two witness requirement of the Statute of Wills, at Section 2-502. In England and Wales
England and Wales
, the STATUTE OF WILLS was repealed and superseded by the Wills Act 1837 . REFERENCES * ^ "Uniform Probate Code" (PDF). * Dukeminier, Jesse and Krier, James E
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Tenement (law)
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 all real-estate law in the English-speaking world, 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 itself is extinct, because all real estate law has developed from them over centuries. Feudal land tenure existed in many varieties. The sole surviving form in the United States is that species of freehold known as _free socage _. Here the service to be performed is known and fixed, and not of a base or servile nature; the "lord of the fee" is the State itself, and the service due to this "lord" is payment of the taxes upon the real estate
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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. It is a way that real estate may be owned in common law countries, and is the highest possible ownership interest that can be held in real property . Allodial title is reserved to governments under a civil law structure. The rights of the fee simple owner are limited by government powers of taxation , compulsory purchase , police power , and escheat , and it could 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. CONTENTS * 1 History * 2 Common law * 3 Duration * 4 Creation and characteristic of fee simple * 5 Life estate * 6 Types of fee simple * 7 Rent * 8 Etymology * 9 See also * 10 Notes HISTORYThe word "fee" is derived from fief , meaning a feudal landholding. Feudal land tenures existed in several varieties, most of which involved the tenant having to supply some service to his overlord, such as knight-service (military service). If the tenant's overlord was the king, Grand Serjeanty , then this might require providing many different services, such as providing horses in time of war or acting as the king's ceremonial butler
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Will (law)
Sections * Attestation clause * Residuary clause * Incorporation by reference -------------------------Contest * Testamentary capacity * Undue influence * Insane delusion * Fraud * No-contest clause -------------------------Property disposition * Lapse and anti-lapse * Ademption * Abatement * Satisfaction of legacies * Acts of independent significance * Elective share * Pretermitted heir * Wills and conflict of laws TRUSTS * Express * Resulting * Constructive -------------------------Common types * Bare * Discretionary * Accumulation and maintenance * Interest in possession * Charitable * Purpose * Incentive -------------------------Other types * Protective * Spendthrift * Life insurance * Remainder * Life interest * Reversionary interest * Testamentary * Honorary * Asset-protection * Special needs (Supplemental needs )-------------------------Governing doctrines * Pour-over will * Cy-près doctrine * Hague Convention (conflict law) * Application in civil law * Dishonest assistance ESTATE ADMINISTRATION * Intestacy * Testator * Probate * Power of appointment * Simultaneous death * Slayer rule <
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Escheat
ESCHEAT /ᵻsˈtʃiːt/ is a common law doctrine that transfers the property of a person who died without heirs to the crown or state. It serves to ensure that property is not left in "limbo" without recognized ownership. It originally applied to a number of situations where a legal interest in land was destroyed by operation of law , so that the ownership of the land reverted to the immediately superior feudal lord. CONTENTS * 1 Etymology * 2 Origins in feudalism * 2.1 Background * 3 Procedure * 4 Current operation * 4.1 England and Wales * 4.1.1 Bankruptcies and liquidations * 4.1.2 Registration of Crown land * 5 See also * 6 Sources * 7 References ETYMOLOGYThe term "escheat" derives ultimately from the Latin _ex-cadere_, to "fall-out", via mediaeval French _escheoir_. The sense is of a feudal estate in land falling-out of the possession by a family into possession by the overlord. ORIGINS IN FEUDALISMIn feudal England, escheat referred to the situation where the tenant of a fee (or "fief") died without an heir or committed a felony . In the case of such demise of a tenant-in-chief , the fee reverted to the King's demesne permanently, when it became once again a mere tenantless plot of land, but could be re-created as a fee by enfeoffment to another of the king's followers
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Beneficiary (trust)
In trust law , a BENEFICIARY or _CESTUI QUE_ USE, a.k.a. _CESTUI QUE_ TRUST, is the person or persons who are entitled to the benefit of any trust arrangement. A beneficiary will normally be a natural person , but it is perfectly possible to have a company as the beneficiary of a trust, and this often happens in sophisticated commercial transaction structures. With the exception of charitable trusts , and some specific anomalous non-charitable purpose trusts , all trusts are required to have ascertainable beneficiaries. Generally speaking, there are no strictures as to who may be a beneficiary of a trust; a beneficiary can be a minor, or under a mental disability (in fact many trusts are created specifically for persons with those legal disadvantages). It is also possible to have trusts for unborn children, although the trusts must vest within the applicable perpetuity period
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Feoffee
A FEOFFEE is a trustee who holds a fief (or "fee"), that is to say an estate in land , for the use of a beneficial owner. The term is more fully stated as a FEOFFEE TO USES of the beneficial owner. The use of such trustees developed towards the end of the era of feudalism in the middle ages and became obsolete with the formal ending of that social and economic system in 1660. Indeed the development of feoffees to uses may have hastened the end of the feudal system, since their operation circumvented vital feudal fiscal mechanisms. CONTENTS * 1 Development * 2 Procedure for creation * 3 Legal status * 4 Modern usage * 5 See also * 6 Sources * 7 References DEVELOPMENTThe practice of enfeoffing feoffees with fees, that is to say of granting legal seizin in one's land-holdings ("holdings" as only the king himself "owned" land by his allodial title ) to a group of trusted friends or relatives or other allies whilst retaining use of the lands, began to be widespread by about 1375. The purpose of such an action was two-fold: * Akin to modern tax avoidance , it was a legal loop-hole to avoid the suffering of the customary feudal incidents , namely the payment of feudal relief on an inheritance, the temporary loss of control of a fiefdom through wardship where the landholder was under the age of majority of 21, and the forcible marriage of a young heiress
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