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Topic: Feudal land tenure


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In the News (Mon 13 Oct 08)

  
  tenure, in law. The Columbia Encyclopedia, Sixth Edition. 2001-05   (Site not responding. Last check: 2007-09-18)
Tenure has varied greatly from feudal to modern times; although the patterns of transition have been many, the essential nature of the problem and its legal complexities can be seen in the development of tenure in English law.
Characteristically, under customary tenures the rights of peasant transfer remain limited, obligations for the payment of rent are often imposed upon the cultivating community as a whole, and debts are hereditary from generation to generation.
Large-scale reform and redistribution of land were begun in Egypt by the laws of 1952, and Turkey passed reforms in 1945, but in much of the region customary and semifeudal land tenures prevail.
www.bartleby.com /65/te/tenure2.html   (1739 words)

  
 Land tenure - Wikipedia, the free encyclopedia
Land tenure is the name given, particularly in common law systems, to the legal regime in which land is owned by an individual, who is said to "hold" the land.
The term "tenure" is used to signify the relationship between tenant and lord, not the relationship between tenant and land.
At the bottom of the feudal pyramid were the tenants who lived on and worked the land (called the tenants in demesne and also the tenant paravail).
en.wikipedia.org /wiki/Feudal_land_tenure   (892 words)

  
 Britain.tv Wikipedia - Feudal
Feudalism refers to a general set of reciprocal legal and military obligations among the warrior nobility of Europe during the Middle Ages, revolving around the three key concepts of lords, vassals, and fiefs.
For Marx, what defined feudalism was that the power of the ruling class (the aristocracy) rested on their control of the farmable lands, leading to a class society based upon the exploitation of the peasants who farm these lands, typically under serfdom.
She noted the many different, contradictory definitions of feudalism in circulation and argued that, in the absence of any accepted definition, feudalism is a construct with no basis in medieval reality, an invention of modern historians read back "tyrannically"?title=into the historical record.
www.britain.tv /wikipedia.php?title=Feudal   (2761 words)

  
 Feudalism by Paul Vinogradoff
The feudal organisation of state and society is the dominant fact of medieval history on its institutional side quite as much as the city-state is the dominant fact of ancient history from the institutional point of view.
Tenure conditioned by service was called the feudum, fief, Lehn, but sometimes these terms were restricted to the better class of such estates, those held by military service, while the lands for which rents and labour-services were rendered were described as censivae, in England socagia.
Feudalism, natural husbandry, the sway of the military class, the crystallisation of powers and rights in local centres, are phenomena which took place all over Western Europe and which led in France, in Germany, in Italy and Spain to similar though not identical results.
www.yuricareport.com /Feudalism/Feudalism_Vinogradoff.html   (9490 words)

  
 The Abolition of Feudal Tenure Act (Scotland) - J & H Mitchell
Legislation to abolish feuduty was passed in 1974 but the feudal theory has until now remained the basis of land ownership in Scotland, with most land and buildings being subject to title conditions enforceable by a feudal superior.
These are in effect servitudes and continue to be enforceable after the abolition of feudal tenure so long as the rights are expressed to be in favour of the relevant other land.
(a) The land to which the burden is re-allotted must have on it a permanent building which is used wholly or mainly as a place of human habitation or resort and that building must be within 100 metres of the boundary of the feu.
www.hmitchell.co.uk /abolition-of-feudal-tenure.htm   (1862 words)

  
 [No title]
The incidents arising out of the double claims to land were manifested in a striking manner in cases when the personnel of the contracting parties was changed, more especially when in consequence of the death of the tenant a new representative of the dominium utile had to come in.
In feudal practice, however, the military heriot was absorbed by the relief, while it kept its ground in regard to base tenure.
As political subjection was regarded as a matter of contract, the feudal nexus tended towards a disruption of sovereignty, and often led in practice to the formation of numerous political bodies within the boundaries of historical States.
socserv2.socsci.mcmaster.ca /~econ/ugcm/3ll3/vinogradoff/feudal   (9209 words)

  
 Glossary   (Site not responding. Last check: 2007-09-18)
Under Feudal Dower, as well as, Common Law Dower, even if a husband "sold" his rights to real property prior to his death or passed them to others in a will, a wife was entitled to 1/3 [or more] of her husband's property and estates.
Feudalism was formally introduced into England circa 1085 by William I "The Conqueror" [although it existed in a rudimentary form prior to that].
Feudalism created a close knit hierarchy of persons [a hereditary aristocracy of the nobility], a wide variety of social and political institutions, and it formed the entire basis of English Real Property Law.
www.agh-attorneys.com /3_camo_glossary.htm   (11306 words)

  
 Tenure - Wikipedia, the free encyclopedia
Tenure commonly refers to academic tenure systems, in which professors (at university level)—and, in some jurisdictions, schoolteachers (primary and secondary school levels)—are granted the right not to be dismissed without cause after an initial probation.
Tenure systems usually are justified via claim that they provide academic freedom, by preventing instructors from being dismissed for openly disagreeing either with authorities or with prevailing opinion or with both.
Another purpose of the academic tenure probationary period was raising the performance standards of the faculty by pressing new professors to perform to the standard of the school's established faculty.
en.wikipedia.org /wiki/Tenure   (3473 words)

  
 The Ethics of Liberty by Murray N. Rothbard
“feudalism,” in which there is continuing aggression by titleholders of land against peasants engaged in transforming the soil; and land-engrossing, where arbitrary claims to virgin land are used to keep first-transformers out of that land.
Thus, the land problem in the undeveloped countries can only be solved by applying the rules of justice that we have set forth; and such application requires detailed and wholesale empirical inquiry into present titles to land.
Feudalism and the strong central state are still considered the critical polar opposites, except that feudalism is, on this view, considered the good alternative.
www.mises.org /rothbard/ethics/eleven.asp   (2566 words)

  
 Description and History of Common Law
As the once collectively owned tribal lands came under the private ownership and control of feudal lords, the responsibility of an individual to his kinsmen was replaced by the responsibility of a person to his lord.
This concept stemmed from the feudal doctrine that a man's right to hold property was based upon a relationship of good faith between that man and his lord.
A common law designed primarily to protect the rights of feudal land ownership was wholly inadequate to the needs of a class whose goal was the accumulation or profit through trade rather than the -the protection of hereditary lands.
www.radford.edu /~junnever/law/commonlaw.htm   (2551 words)

  
 [No title]
We conclude that the term "unified land and water areas" in § 8-186 is not limited to vacant land.
We conclude that construing the ambiguous term "unified **519 land and water areas" in § 8- 186 as including occupied land is not impermissibly broad; indeed, the language of other provisions in chapter 132 of the General Statutes compels this conclusion, *25 and our review of the legislative history reveals nothing to contradict it.
Moreover, a construction limiting the application of the unified land and water areas provisions of chapter 132 to vacant land would undercut severely the chapter's declared purpose of promoting economic development, particularly as the state's stock of vacant land diminishes.
law.wustl.edu /landuselaw/Kelso_CT.htm   (8882 words)

  
 ORB Bibliographies: Feudalism
"The Feudalism of Marc Bloch." Tijdschrift voor Geschiedenis 76 (1963): 275-283.
A Contribution to the History of Feudalism in Byzantium and in the South-Slavic Lands (in Serbian).
"Feudalism or Principalities in Fifteenth- Century France." Bulletin of the Institute for Historical Research 20 (1945): Pocock, John G. The Ancient Constitution and the Feudal Law: A Study of English Historical Thought in the Seventeenth Century.
www.the-orb.net /bibliographies/feudal.html   (5536 words)

  
 Duhaime's Canadian Law Dictionary : T
The word "tenant" originated under the feudal system, referring to land "owners" who held their land on tenure granted by a lord.
The term was first used in the English feudal land system, whereby all land belonged to the king but was lent out to lords for a certain period of time; the lord never owning, but having tenure in the land.
A land registration system invented by Robert Torrens and in which the government is the keeper of the master record of all land and their owners.
www.duhaime.org /dictionary/dict-t.aspx   (1254 words)

  
 People's Liberation Army
The PLA was a tool employed by the Communist Party, which implemented egalitarian policies such as division of land and shattered the exploitative system of feudal land tenure, providing a unifying ideology behind which peasants and soldiers alike might rally.
Because the PLA was a successful army, and representative of the inspirational ideology of the Communist party, it became a matter of pride to be a soldier or to have a family member enlist.
The PLA earned the support of the populace not only by endorsing land reform and opposing the exploitative land tenure system but also by refusing in turn to exploit peasants.
people.ucsc.edu /~myrtreia/essays/PLA.html   (2083 words)

  
 Indigenous Rights, Morality, Estoppel & Mabo v Queensland
The issue in Mabo was what had happened to group and individual rights over land as a result of this change in sovereignty.
Literally speaking, terra nullius refers to land that is empty of human habitation, and such land has naturally been seen as available for human settlement (absent some international agreement to the contrary).
This classification then meant that such a territory might be taken over as if it was uninhabited, and its land owned by individual settlers and groups of settlers.
members.tripod.com /peterzohrab/mabestop.html   (814 words)

  
 1997 American Economic History Topic 1 Page
Definition: Land Tenure -- The manner in which, and the period for which, rights in land are held.
Rights in Land held by a private party are an estate in land.
The current form of land tenure used in the United States -- Title in Fee Simple or Free and Common Socage -- Evolved from the Feudal land tenure system.
voteview.com /topic1.htm   (933 words)

  
 Land Reform in India: Part 1
The ownership and control of land was highly concentrated in a few landlords and intermediaries whose main intention was to extract maximum rent, either in cash or kind, from tenants.
land and land reforms to ensure social change based on justice and
conversion of non-agricultural land to agricultural, or vice versa,
www.landaction.org /display.php?article=57   (3700 words)

  
 Land Reform
SCOTTISH National Party plans for dramatic Scottish land law reforms scrapping feudal rights and curbing large estate owners came under fire last night.
The Tories said the proposals outlined during a debate in the Scottish Grand Committee in Edinburgh are "positively Communistic".
There would be Locality Land Councils linking communities and landowners, and a greater say for communities on the future of the land they inhabit.
www.smo.uhi.ac.uk /d3/land2_2_99.html   (312 words)

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