Allodial
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Allodial
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 ...
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Allod
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, sov ...
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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 ...
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Seigneurial System Of New France
The manorial system of New France, known as the seigneurial system (french: Régime seigneurial), was the semi- feudal system of land tenure used in the North American French colonial empire. Both in nominal and legal terms, all French territorial claims in North America belonged to the French king. French monarchs did not impose feudal land tenure on New France, and the king's actual attachment to these lands was virtually non-existent. Instead, landlords were allotted land holdings known as manors and presided over the French colonial agricultural system in North America. Manorial land tenure was introduced to New France in 1628 by Cardinal Richelieu. Richelieu granted the newly formed Company of One Hundred Associates all lands between the Arctic Circle to the north, Florida to the south, Lake Superior in the west, and the Atlantic Ocean in the east. In exchange for this vast land grant and the exclusive trading rights tied to it, the Company was expected to bring two to ...
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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 " ...
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Manorialism
Manorialism, also known as the manor system or manorial system, was the method of land ownership (or "tenure") in parts of Europe, notably France and later England, during the Middle Ages. Its defining features included a large, sometimes fortified manor house in which the lord of the manor and his dependents lived and administered a rural estate, and a population of labourers who worked the surrounding land to support themselves and the lord. These labourers fulfilled their obligations with labour time or in-kind produce at first, and later by cash payment as commercial activity increased. Manorialism is sometimes included as part of the feudal system. Manorialism originated in the Roman villa system of the Late Roman Empire, and was widely practiced in medieval western Europe and parts of central Europe. An essential element of feudal society, manorialism was slowly replaced by the advent of a money-based market economy and new forms of agrarian contract. In examining the o ...
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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. Ov ...
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Domesday Book
Domesday Book () – the Middle English spelling of "Doomsday Book" – is a manuscript record of the "Great Survey" of much of England and parts of Wales completed in 1086 by order of King William I, known as William the Conqueror. The manuscript was originally known by the Latin name ''Liber de Wintonia'', meaning "Book of Winchester", where it was originally kept in the royal treasury. The '' Anglo-Saxon Chronicle'' states that in 1085 the king sent his agents to survey every shire in England, to list his holdings and dues owed to him. Written in Medieval Latin, it was highly abbreviated and included some vernacular native terms without Latin equivalents. The survey's main purpose was to record the annual value of every piece of landed property to its lord, and the resources in land, manpower, and livestock from which the value derived. The name "Domesday Book" came into use in the 12th century. Richard FitzNeal wrote in the ''Dialogus de Scaccario'' ( 1179) that the book ...
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Seven Years' War
The Seven Years' War (1756–1763) was a global conflict that involved most of the European Great Powers, and was fought primarily in Europe, the Americas, and Asia-Pacific. Other concurrent conflicts include the French and Indian War (1754–1763), the Carnatic Wars and the Anglo-Spanish War (1762–1763). The opposing alliances were led by Great Britain and France respectively, both seeking to establish global pre-eminence at the expense of the other. Along with Spain, France fought Britain both in Europe and overseas with land-based armies and naval forces, while Britain's ally Prussia sought territorial expansion in Europe and consolidation of its power. Long-standing colonial rivalries pitting Britain against France and Spain in North America and the West Indies were fought on a grand scale with consequential results. Prussia sought greater influence in the German states, while Austria wanted to regain Silesia, captured by Prussia in the previous war, and to contain Pruss ...
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Normandy
Normandy (; french: link=no, Normandie ; nrf, Normaundie, Nouormandie ; from Old French , plural of ''Normant'', originally from the word for "northman" in several Scandinavian languages) is a geographical and cultural region in Northwestern Europe, roughly coextensive with the historical Duchy of Normandy. Normandy comprises mainland Normandy (a part of France) and the Channel Islands (mostly the British Crown Dependencies). It covers . Its population is 3,499,280. The inhabitants of Normandy are known as Normans, and the region is the historic homeland of the Norman language. Large settlements include Rouen, Caen, Le Havre and Cherbourg. The cultural region of Normandy is roughly similar to the historical Duchy of Normandy, which includes small areas now part of the departments of Mayenne and Sarthe. The Channel Islands (French: ''Îles Anglo-Normandes'') are also historically part of Normandy; they cover and comprise two bailiwicks: Guernsey and Jersey, which are B ...
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Historian
A historian is a person who studies and writes about the past and is regarded as an authority on it. Historians are concerned with the continuous, methodical narrative and research of past events as relating to the human race; as well as the study of all history in time. Some historians are recognized by publications or training and experience.Herman, A. M. (1998). Occupational outlook handbook: 1998–99 edition. Indianapolis: JIST Works. Page 525. "Historian" became a professional occupation in the late nineteenth century as research universities were emerging in Germany and elsewhere. Objectivity During the ''Irving v Penguin Books and Lipstadt'' trial, people became aware that the court needed to identify what was an "objective historian" in the same vein as the reasonable person, and reminiscent of the standard traditionally used in English law of "the man on the Clapham omnibus". This was necessary so that there would be a legal benchmark to compare and contrast the scholar ...
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Feudalism
Feudalism, also known as the feudal system, was the combination of the legal, economic, military, cultural and political customs that flourished in medieval Europe between the 9th and 15th centuries. Broadly defined, it was a way of structuring society around relationships that were derived from the holding of land in exchange for service or labour. Although it is derived from the Latin word ''feodum'' or ''feudum'' (fief), which was used during the Medieval period, the term ''feudalism'' and the system which it describes were not conceived of as a formal political system by the people who lived during the Middle Ages. The classic definition, by François Louis Ganshof (1944), François Louis Ganshof (1944). ''Qu'est-ce que la féodalité''. Translated into English by Philip Grierson as ''Feudalism'', with a foreword by F. M. Stenton, 1st ed.: New York and London, 1952; 2nd ed: 1961; 3rd ed.: 1976. describes a set of reciprocal legal and military obligations which existed am ...
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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 ...
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