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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 .
19th century lawyers sometimes identified the law of the land with the common law, to the exclusion of other law. [37] However, by allowing an alternative to grand jury review in the Hurtado case, the Court permitted a procedural reform that departed from the common law. In doing so, the Court said the law of the land in each state should ...
v. to unlawfully withhold land from its true owner or from any other person who has a right to the possession of it. Ejectment n. a claim by a land owner to eject a person from the land. The modern term is "eviction". [1] Feoffee n. a person who holds land for the benefit of another person.
Property law is characterised by a great deal of historical continuity and technical terminology. The basic distinction in common law systems is between real property (land) and personal property (chattels). Before the mid-19th century, the principles governing the transfer of real property and personal property on an intestacy were quite ...
But the language of land law still sounds medieval, and takes its concepts from the time of Edward I and before. The following list of words common in U.S. land law are from Norman England (with their modern meaning in the United States): Alienation – "a sale" Appurtenant – "belonging to" Damnum absque injuria – "injury without wrong"
After both World Wars, land management and housing increasingly came under social ownership and regulation, with new council homes, rights for tenants, and ownership interests in land recognised through contributions to family life. Over the twentieth century, and following on from the 1925 reforms, land law became increasingly social in character.
A settlement is defined by s2(1) of the 1882 act as "any land or any estate or interest in land, which stands for the time being limited to or in trust for any persons by way of succession". Basically, whenever a document creates a succession of interests in land the Settled Land Acts will apply. Generally there must be an element of succession.
After the War, the focus returned to the reform of the system of land law. A committee was appointed in 1919, headed by Sir Leslie Scott, to report to the Lord Chancellor on land transfer. [2] This Lands Requisition Committee proposed a bill, which was introduced to Parliament in 1920 by Lord Birkenhead. This became law on 29 June 1922 and was ...