A Short Historical Introduction to the Law of Real PropertyBeard Books, 2000 - 232 էջ Asserting that real property law can only be understood in the light of its historical evolution, the authors fulfill that need for the reader. In particular, the book enables first year law students to build a sound foundation for further study. Included are the methods of holding land - feudal tenures; estates in land; seisin, the real actions and adverse possession; incorporeal interests; and estates held in co-ownership. |
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1 | |
Norman Feudalism | 2 |
Effect of the Norman Conquest on Land Holding in England | 3 |
Classes of Tenants 5 Types of Tenures A KNIGHT SERVICE | 4 |
Tenure by Knight Service 7 Transmutation of Military Service into Scutage | 6 |
Incidents of Tenure by Knight ServiceHomage and Fealty 9 Incidents of Tenure by Knight ServiceReliefRise of In heritability of Lands | 7 |
Incidents of Tenure by Knight ServicePrimer Seisin | 8 |
Incidents of Tenure by Knight ServiceWardship 12 Incidents of Tenure by Knight ServiceMarriage | 9 |
b Dower | 83 |
b Estate Pur Autre Vie For the Life of Another | 84 |
Life Estates Subject to a Condition or Special Limitation | 85 |
The Maritagium at Common | 88 |
Term for YearsPosition of the Tenant for YearsObligations | 94 |
Section Page | 100 |
Tenancy at SufferanceCreation and Conveyance at Common | 106 |
Section Page | 110 |
Incidents of Tenure by Knight ServiceAids | 10 |
Incidents of Tenure by Knight ServiceEscheatEscheat Dis tinguished from Forfeiture | 11 |
B SERJEANTY 15 Tenure by Serjeanty | 12 |
Incidents of Tenure in Serjeanty | 13 |
Incidents of Tenure in Free and Common SocageHomage and Fealty | 14 |
Varieties of Tenure in Free and Common SocageTenure in Gavelkind | 15 |
Contemporaneous Interests in the Land | 16 |
The Manorial Organization | 17 |
The Lords Remedy of Distress | 18 |
E VILLEINAGE AND MODERN TENURES 28 Tenure in Villeinage 19 2220 | 19 |
Tenure in VilleinageDivision of the Manorial Lands 30 Tenure in VilleinageType of Services Required | 20 |
Tenure in VilleinageInheritability and Alienability of Tene ment | 21 |
Commutation of Services into Money PaymentsTransition from Villein to Copyhold Tenure | 22 |
Alienation of Copyhold Lands | 23 |
Alienation of Freehold Lands by Mesne Tenant | 24 |
Alienation by Way of Subinfeudation | 25 |
Alienation of Tenants in Capite | 27 |
Statute of Tenures | 28 |
10 | 32 |
11 | 33 |
CHAPTER II | 35 |
Methods of Conveyance of Estates in Fee Simple Absolute | 41 |
12 | 47 |
Common Law Methods of Conveying Fee Simple Absolute | 51 |
Devolution of Fee Simple Absolute on Death in the United | 57 |
Methods of Conveying Equitable Estates Covenant to Stand | 64 |
TABLE OF CONTENTS d Conditional Fee Section Page 89 Conditional Fee at Common Law | 70 |
Conditional Fee in the United States | 71 |
Maritagium | 73 |
Estate in Fee TailInterest of the Holder | 74 |
Estate in Fee TailVarieties | 75 |
Estate in Fee TailConveyances at Common Law | 77 |
The Fine | 79 |
Effects of Fine and Common Recovery Contrasted | 80 |
The Common Recovery in the United States | 81 |
Estate in Fee TailDevolution on Death at Common LawDe visability | 82 |
Reversions | 116 |
Section Page | 121 |
Section Page | 124 |
Contingent Remainders at Common Law | 127 |
Contingent RemaindersRemainder in Favor of Child | 133 |
Contingent RemaindersPosition of the Contingent Remain | 134 |
Executory InterestsEffect of the Statute of WillsSpringing | 140 |
Section Page 206 Executory InterestsStatute of Uses in the United States | 143 |
Executory InterestsCreation of Executory Interests in Those Jurisdictions of the United States where the Statute of Uses is not in Force and where ther... | 144 |
Executory InterestsDevolution on Death at Common Law | 145 |
Powers of AppointmentEffect of the Statute of Wills | 147 |
CHAPTER III | 152 |
Real Actions at Common LawVarieties | 153 |
Real Actions at Common LawWrits of RightDistinction Be tween Writ of Right Patent and Praecipe in Capit | 154 |
Real Actions at Common LawPossessory Assize of Novel Disseisin | 155 |
Real Actions at Common LawPossessory Assize of Mort DAncestor | 157 |
Real Actions at Common LawWrits of Entry | 158 |
Action of Ejectment | 159 |
Action of EjectmentResult of Judgment in Action of Eject ment | 161 |
Position of Disseisor and Disseisee at Common LawPosition of the Disseisor | 162 |
Statutory Modifications in Favor of the Disseisor | 168 |
CHAPTER IV | 174 |
Section Page 248 Definition of the Incorporeal Hereditaments Which Were | 175 |
B INCORPOREAL HEREDITAMENTS IMPORTANT AT MODERN LAW 249 Changes in Terminology | 177 |
Common of Pasture at Common LawVarieties | 178 |
Common of Pasture at Common LawEffect of the Enclosure Movement | 179 |
Nature of WaysRise of Easements at Common Law | 180 |
Rights of CommonsProfits in the United States | 181 |
Acquisition of Incorporeal Interests at Common Law | 182 |
Acquisition of Incorporeal Interests in the United States by Grant | 183 |
Conveyance of Incorporeal Interests at Common Law and in the United States | 184 |
CHAPTER V | 186 |
Tenancy by the Entireties at Common Law | 187 |
195 | |
201 | |
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Common terms and phrases
action of ejectment adverse possession alienation American Law Institute common law common law rule common socage contingent remainder copyhold death deed descent disseisee disseisor enacted escheat estate in fee executory interests fealty Fee Simple Absolute fee tail feoffee feoffment feoffment with livery free and common free tenures grant grantor heirs History of English holder Holdsworth Incidents of Tenure incorporeal interests inheritance jurisdictions king king's knight service Land Law landholding lands held Law of Real lease lessee lessor limitation livery of seisin lord's manor manorial court marriage ment Methods of Conveyance non-freehold particular estate payment period preceding estate primer seisin Quia Emptores real actions Real Property remainderman rent Restatement of Property reversion right of entry right of re-entry scutage seised serjeanty socage tenure taker tenant in capite tenements tenure by knight term third person thirteenth century tion transfer type of conveyance United villein villein tenant wardship writ of right