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A freehold, in common law jurisdictions or Commonwealth countries such as England and Wales, Australia, [1] Canada, Ireland, India and the United States, is the common mode of ownership of real property, or land, [a] and all immovable structures attached to such land.
In property law, land-related covenants are called "real covenants", " covenants, conditions and restrictions " (CCRs) or "deed restrictions" and are a major form of covenant, typically imposing restrictions on how the land may be used (negative covenants) or requiring a certain continuing action (affirmative covenant).
Moiety is a Middle English word for one of two equal parts under the feudal system. [4] Thus on the death of a feudal baron or lord of the manor without a male heir (the eldest of whom would inherit all his estates by the custom of male primogeniture) but with daughters as heiresses, a moiety of his fiefdom would generally pass to each daughter, to be held by her husband.
Lord Cottenham LC held that a prior covenant may bind future owners if the covenant touched and concerned the land, the original covenantees intended the covenant to bind future owners, and the future owners with the same land had notice of the covenant. Under Law of Property Act 1925 section 78, successors in title to the person named to ...
Although deeds and mortgages today don’t contain racially discriminatory clauses, a historical search of a property’s chain of title may uncover restrictive covenants recorded from the 1920s ...
A deed is a legal document that is signed and delivered, especially concerning the ownership of property or legal rights. Specifically, in common law, a deed is any legal instrument in writing which passes, affirms or confirms an interest, right, or property and that is signed, attested, delivered, and in some jurisdictions, sealed.
A warranty deed can include six traditional forms of covenants for title, [1] sometimes known as the English covenants of title. [2] Those six traditional forms of covenants can be broken down into two categories: present covenants and future covenants. Present covenants. Covenant of seisin: "A covenant of seisin or good right to convey." [1] [3]
A "freeman" was a man who held by freehold tenure, and thus freehold tenure was anciently said to be the only form of feudal land tenure worthy to be held by a free man. [7] Tenure , and the variety thereof, was the very essence of feudal society and the stratification thereof, and the possession of a tenure (i.e., holding, from Latin teneĊ ...