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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 defence of the land. Most property ownership in common law jurisdictions is fee simple.
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. [2] 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"). [3]
Allod, deriving from Frankish alōd meaning "full ownership" (from al "full, whole" and ōd "property, possession"; Medieval Latin allod or allodium), [1] [2] 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.
Allodial title is a system in which real property is owned absolutely free and clear of any superior landlord or sovereign. True allodial title is rare, with most property ownership in the common law world ( Australia , Canada , Ireland , New Zealand , United Kingdom , United States ) being in fee simple .
At the time of the Domesday Book, all land in England was held by someone, and from that time there has been no allodial land in England. In order to legitimise the notion of the Crown's paramount lordship, a legal fiction—that all land titles were held by the King's subjects as a result of a royal grant—was adopted.
Allodial title: Real property that is independent of any superior landlord. Allodium is "Land held absolutely in one's own right, and not of any lord or superior; land not subject to feudal duties or burdens.
This pattern of land-holding was the natural product of William the Conqueror claiming an allodial title to all the land of England following the Norman Conquest of 1066, and parcelling it out as large fees in the form of feudal baronies to his followers, who then in turn subinfeudated (i.e. sub-divided) the lands comprising their baronies into ...
All other legal title to land was held through them, particularly after the abolition of most unusual feudal titles and obligations under the 1660 Statute of Tenures. The only major exception—continuing to the present day—is the protection of the privileges of the duke of Cornwall as lord paramount over Cornish lands. [3]
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