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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, Law enforcement in the United Kingdom#Powers of officers, 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 reverter, reversion interest in the grantor if the condition fails; this is a fee simple conditional. History ...
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English Law
English law is the common law list of national legal systems, legal system of England and Wales, comprising mainly English criminal law, criminal law and Civil law (common law), civil law, each branch having its own Courts of England and Wales, courts and Procedural law, procedures. The judiciary is judicial independence, independent, and legal principles like Procedural justice, fairness, equality before the law, and the right to a fair trial are foundational to the system. Principal elements Although the common law has, historically, been the foundation and prime source of English law, the most authoritative law is statutory legislation, which comprises Act of Parliament, Acts of Parliament, Statutory Instrument, 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 United Kingdom l ...
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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 Fr ...
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William Blackstone
Sir William Blackstone (10 July 1723 – 14 February 1780) was an English jurist, Justice (title), justice, and Tory (British political party), Tory politician most noted for his ''Commentaries on the Laws of England'', which became the best-known description of the doctrines of the English common law. Born into a middle-class family in London, Blackstone was educated at Charterhouse School before matriculating at Pembroke College, Oxford, in 1738. After switching to and completing a Bachelor of Civil Law degree, he was made a Fellow of All Souls#Fellowships, fellow of All Souls College, Oxford, on 2 November 1743, admitted to Middle Temple, and called to the Bar there in 1746. Following a slow start to his career as a barrister, Blackstone was involved heavily in university administration, becoming accountant, treasurer, and bursar on 28 November 1746, and Senior Bursar in 1750. Blackstone is considered responsible for completing the All Souls College Library, Codrington Libra ...
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Quia Emptores
is a statute passed by the Parliament of England in 1290 during the reign of Edward I of England, Edward I that prevented Tenement (law), tenants from Alienation (property law), alienating (transferring) 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, 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 feudalism, feudal system in England during the High Middle Ages. The name derives from the Incipit, first two words of the statute in its original mediaeval Latin, which can be translated as "because the buyers". Its Short and long titles, 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 Statute of Westminster (disamb ...
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Statute
A statute is a law or formal written enactment of a legislature. Statutes typically declare, command or prohibit something. Statutes are distinguished from court law and unwritten law (also known as common law) in that they are the expressed will of a legislative body, whether that be on the behalf of a country, state or province, county, municipality, or so on. Depending on the legal system, a statute may also be referred to as an "act." Etymology The word appears in use in English as early as the 14th century. "Statute" and earlier English spellings were derived from the Old French words ''statut'', ''estatut'', ''estatu,'' meaning "(royal) promulgation, (legal) statute." These terms were in turn derived from the Late Latin ''statutum,'' meaning "a law, decree." 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, whi ...
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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 ...
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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 feu ...
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Norman Dynasty
The House of Normandy ( ) was a noble family originating from the Duchy of Normandy. The House of Normandy's lineage began with the Scandinavian Rollo who founded the Duchy of Normandy in 911. The House of Normandy includes members who were dukes of Normandy, counts of Rouen, as well as kings of England following the Norman conquest of England. It lasted until Stephen of the French House of Blois seized the Duchy of Normandy in 1135. 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, ...
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Abstract Entity
In philosophy and the arts, a fundamental distinction exists between abstract and concrete entities. While there is no universally accepted definition, common examples illustrate the difference: numbers, sets, and ideas are typically classified as abstract objects, whereas plants, dogs, and planets are considered concrete objects. Philosophers have proposed several criteria to define this distinction: # ''Spatiotemporal existence'' – Abstract objects exist outside space-time, while concrete objects exist within space-time. # ''Causal influence'' – Concrete objects can cause and be affected by other entities (e.g., a rock breaking a window), whereas abstract objects (e.g., the number 2) lack causal powers and do not cause anything to happen in the physical world. # ''Metaphysical relation'' – In metaphysics, concrete objects are specific, individual things ( particulars), while abstract objects represent general concepts or categories ( universals). # ''Ontological domain' ...
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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 Cr ...
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Allodium
Allod, deriving from Frankish ''alōd'' meaning "full ownership" (from ''al'' "full, whole" and ''ōd'' "property, possession"; Medieval Latin ''allod'' or ''allodium''), also known as allodial land or proprietary property, was, in medieval and early modern European feudal law, a form of property ownership where the owner had full and absolute title. The allodial landowner, also known as an allodiary or hereditary lord, had the right to alienate the property, which was almost always land, a city plot, or an estate, and owed no feudal duties to any other person in respect of it. Description Historically, holders of allods are a type of sovereign. Allodial land is described as territory or a state, along with associated serfs, where the holder asserts the right to the land by holding it in absolute ownership, free from any feudal obligations or dues to a superior. This means the land is owned outright, without any rent, service, or acknowledgment to a higher lord or authority. ...
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Radical Title
Radical title is a concept in English common law that refers to the Crown's underlying title to all land held in overseas plantations and colonies. It grants the Crown the power to alienate others from land and to transfer beneficial ownership of the land to itself or others, but by itself does not grant beneficial ownership. Australia While not the first time radical title was mentioned, the concept came to prominence in Australian law in the case of '' Mabo v Queensland (No 2)'', which recognised the existence of native title under Australian law. Radical title was used to explain how native title rights could co-exist with the doctrine of tenure, under which all rights to land ultimately derive from grants from the Crown and are not absolute. The court declared that on acquisition of sovereignty by the British in 1788, the Crown did not acquire beneficial ownership over all the land the country but a mere radical title to it.. This radical title did not extinguish native ...
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