The Theory of Tenure

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The Theory of Tenure

The theory of tenure requires that all land that is held for any

estate shall be held of a lord. It was on this premise that the

relationship of landlord and tenant for a term of years that had no

place in the old feudal land law was brought into the category of

estates and came to be based upon tenure. A lease is construed as both

a contract and an estate. Today, it is the only form of tenure that

retains any practical importance.[1]

With the aid of barons, William the Duke of Normandy invaded and

conquered England in 1066. He became William I. All land belonged to

the crown. One quarter was treated by William as personal property and

the rest was leased out under strict conditions. The country was split

into manors which were given to Barons by the King. In return the

Baron and his Knights had to serve on the royal Grand Council, pay

various dues and provide the King with military service when required.

The Baron kept as much land as he wished for his own use, then

distributed the rest among his Knights who were thereby bound to meet

the Baron's military needs, when either he or the King called for

them. The knights in turn allocated sections of their lands to

villeins (serfs) who had to provide free labour and food and service

whenever, with or without warning, it was demanded. [2]

For several centuries after William the Conqueror initiated the feudal

system in England (1066), all that existed in common law England

relating to the ownership of land were the concepts clustering...

... middle of paper ...

... leasehold property, the relationship between a landlord

and his

tenant is also one of tenure, although it usually involves the payment

of rent rather than the performance of services.

BIBLIOGRAPHY

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1. Ridall JG Introduction to land Law (1988) 4th Edition London

2. William Howarth Land Law in a Nutshell,3rd ed.London.1994

3. Megarry and Wade The Law of Real Property, 6th ed London, .2000

4. J.G.Riddall Introduction to Land Law 5th ed.London,1988

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[1] Megarry and Wade The Law of Real Property, 6th ed London, .2000

[2] J.G.Riddall Introduction to Land Law 5th ed.London,1988

[3] William Howarth Land Law in a Nutshell,3rd ed.London.1994

[4] Introduction to land Law Ridall JG (1988) 4th Edition London

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