PROPERTY LAW – LECTURE 4

PROPERTY LAW – LECTURE 4 - PROPERTY LAW...

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PROPERTY LAW – LECTURE 4 (DRAFT 1) TENURES AND ESTATES Table of contents Doctrine of Tenure - History establishes that one cannot have absolute title to any land, thus not being able to have an absolute interest. Possession and seisin Doctrine of estates – If one cannot have ownership in land, they have an estate instead. o Freehold estates o Less than freehold –leasehold estates o Creation: Words of limitation (distinguish Words of Purchase) o Creation: Determinable and conditional interest – Effect is to limit its duration o Creation: Remainders and reversions Doctrine of tenure – No citizen was able to hold absolute ownership in land. Historical development [42-45TB] William the Conqueror (1028-1087) o Was king of the Normans when they invaded England where he claimed to have absolute ownership of all of England, but the Crown was able to grunt an interest to those willing to recognise him as king. o Domesday Book – This book states what land is available and who owned what. It represented an attempt at a land registry, but it was out of date by the time it was printed. Feudal Pyramid subinfeudination – A structure in land law used in English
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o This process is known as free title: Only the Crown was able to hold absolute title in land, where he can grunt land to tenant in chief, where they enter into a relationship with the land (an exchange between the Crown and tenant in chief). However, a tenant in chief may not be able to perform a task by themselves, so they sub divide the task to others so they can perform the service instead. Others can do the same as well. Thus the tenants in chief hold the land direct of the king where they can also sub divide the land to others. When one grunts their interest to someone else, they become a mesne lord. However, there is a limit and the person who has to perform is known as the tenant in demesne. Anyone below the tenant in demesne was known as a copyhold, which is non- free tenure, thus such a person’s property interest was at the sufferance of another person. o Grunt and tenure were grunted for services to gain interest in land. There were four different kind of services which one could give in order to gain an interest in land: Personal service A religious Act to gain interest Agricultural interest in land Knight service. Doctrine of Tenure in Australia
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Shown is Australia where there were many different indigenous groups in Australia. So when the doctrine of tenure arrived in Australia, it was against the background of hundreds of individual nations with some sort of relationship to the land with different rules of land. When settlers arrived in Australia, it was not terra nullius as there already was a system of property and land. The introduction of English Law
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This note was uploaded on 09/27/2011 for the course FINANCE 1001 taught by Professor Profassorted during the Three '11 term at University of Adelaide.

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PROPERTY LAW – LECTURE 4 - PROPERTY LAW...

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