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Tenure & Estates
(1066 - 1925)
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Tenure
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Feudal Systems:
Norman Conquest
- Grants of land
- Services e.g. socage
- Law Commission plans to abolish
-
Estate
-
the duration of tenure in land
(Walsingham's Case (1573) 2 Plowd 547)
- Subtopic 1
- Leasehold
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Freehold
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Life Estate
- Own life or
- Life of seller
- Estate pur autre vie
- Maxim: nemo dat quod non habet
- "No one can give
what they do not have."
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Fee Simple
- Nearest thing to
absolute ownership of land
- "To A & his heirs"
= All A's relatives + buyers' heirs
- "Forever" estate
- Absolute
- Qualified
- Conditional
- Determinable
- Base Fee (failed entail bar)
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Fee Tail
- "To A & heirs of his body"
= Only A's direct lineage
- Estate reverts of fee simple holder
on death of last descendent of A
- Barring the entail
- Converts to fees simple
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Concepts
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Types of Interest
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Title
- Chain of owners
- Presumption due
to possession
- Beneficiary
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Separation rights
from physical object
- Own "Estate in Land"
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Allows division of rights
- Landlord/tenant
- Slices of time
- Successive interests
- Vested & Contingent
- 1925 Legislation