LAW316 Lecture 2 - LAW316 Lecture 2 Fundamental principles...

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Click to edit Master subtitle style 5/31/10 LAW316 Lecture 2 Fundamental principles and the doctrine of tenures 11
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5/31/10 Fundamental concepts The doctrine of tenures The doctrine of estates 22
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5/31/10 Jeremy Bentham “We are at no great distance from those ages of feudality, when the world was divided into two classes: a few great proprietors, who were everything, and a multitude of serfs, who were nothing” 33
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5/31/10 The Feudal System Features of the Intended to The Feudal 44
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5/31/10 Peter Butt [411] Of all the land of England surveyed by the Domesday Book, (1086) about one fifth was held directly by the King, about one quarter by the Church, and about one-half by the King’s greater followers. These last numbered about 1,500 tenants in chief, each holding by some service of the King as overlord. OF these, a small number (probably no more than 12) held about one quarter of all the landed wealth of England in 1086. The Domesday Book also shows that by 1086 the process of subinfeudination had begun, 55
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5/31/10 Feudal Incidents Wardship or the right of a lord to control of land and rents of a vassal who was under the age of majority (21 for a male, 16 for an unmarried woman and 14 for a married one), Marriage was the right to choose the marriage partners of tenants under his wardship Frankelmoin was the provision of religious services, for example the saying of prayers 66
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5/31/10 Prima Nocte? Vasily Polenov: Le Braveheart 77
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5/31/10 Restrictions on alienation of land Originally land could not be sold without consent of the lord. Land could not be left by will: it passed from father to oldest son by the process of primogeniture. Forms of title such as the fee tail meant that ‘entailed’ land would pass only through a particular lineal family line, normally the male side but occasionally also through a female tail . 88
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5/31/10 The Evolution from Tenure to The Statute of Quia emptores in 1290 - abolished fines for the transfer of land and stopped the common practice of subinfeudination. The Statute of Wills in 1540 allowed property to be passed on by will. Statute of Tenures in 1660 converted most forms of tenure to ‘free and 99
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5/31/10 Local peculiarities Quit Rents Pastoral leases 1010
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5/31/10 The Doctrine of Estates Entitlements to Land Those that confer possession: the estates; the fee simple, the life interest and the leasehold. The ‘servitudes’ such as easements, profits, and restrictive covenants. The security interests” mortgages and other charges 1111
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5/31/10 The freehold estates The fee simple, The fee tail The life estate 1212
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The Fee Simple The largest estate known to the law, It is the closest to absolute ownership It is an inheritable estate, capable of descending to the widest range of heirs. It is freely alienable during the life of
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This note was uploaded on 05/26/2010 for the course ECON 1160 taught by Professor Byrke during the Spring '10 term at Macomb Community College.

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LAW316 Lecture 2 - LAW316 Lecture 2 Fundamental principles...

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