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The fourth dimension of land to an English property lawyer, is time. Since 1925 English law recognises two "estates" in land, or kinds of ownership interest: the "fee simple", which is a right to use for an unlimited time, and a "lease", which is an interest for a fixed period of time. In all situations, however, use of the land is constrained ...
If the time of ownership can be fixed and determined, it cannot be a freehold. It is "An estate in land held in fee simple, fee tail or for term of life." [4] The default position subset is the perpetual freehold, which is "an estate given to a grantee for life, and then successively to the grantee's heirs for life." [4]
The concept of land tenure has been described as a "spatial fragmentation of proprietary interests in land". No one person could claim absolute ownership of a parcel of land, except the Crown. Thus the modern concept of "ownership" is not helpful in explaining the complexity of the distribution of rights. In relation to a particular piece of ...
Ownership is the basis for many other concepts that form the foundations of ancient and modern societies such as money, trade, debt, bankruptcy, the criminality of theft, and private vs. public property. Ownership is the key building block in the development of the capitalist socio-economic system. [1]
English law has retained the common law distinction between real property and personal property, whereas the civil law distinguishes between "movable" and "immovable" property. In English law, real property is not confined to the ownership of property and the buildings sited thereon – often referred to as "land".
Land Law addresses the legal mandates set forth by a country in regards to land ownership, while land rights refer to the social acceptance of land ownership. Landesa takes the stance that although the law may advocate for equal access to land, land rights in certain countries and cultures may hinder a group's right to actually own land. [ 2 ]
Copyhold was a form of customary land ownership common from the Late Middle Ages into modern times in England.The name for this type of land tenure is derived from the act of giving a copy of the relevant title deed that is recorded in the manorial court roll to the tenant, rather than the actual land deed itself.
The term feoffment derives from a conflation of fee with off (meaning away), i.e. it expresses the concept of alienation of the fee, in the sense of a complete giving away of the ownership. The medieval English law of property was based on the concept of transferring ownership by delivery: easy to do with a horse, but impossible with land, i.e ...