What Is Land Tenure?
Land tenure is the legal regime in which land is owned by an individual, who is called to “hold” the land in common law systems.
It establishes who has access to land, for how long, and under what terms.
Tenure can be based on official laws and policies and informal norms. In other terms, a land tenure system denotes a system in which land is held by an individual or the land’s real tiller.
It establishes the owner’s rights and responsibilities in relation to the holding. “Tenant” is the present participle of the French word “tenir,” which meaning “to hold.”
The Crown, the sovereign king, owned territory in its own right. Every private owner is either a renter or a sub-tenant.
Tenure refers to the relationship between the tenant and the lord, not the relationship between the tenant and the land. Many distinct forms of land ownership, i.e., ways of owning property, have been formed throughout history.
A landholder/landowner is a holder of the estate in land with significant ownership rights, or simply put, the owner of land.
What Is Feudal Land Tenure?
Feudal land tenure is a mutual obligation system in which a royal or noble personage granted a fiefdom degree of interest in the use or revenues of a given parcel of land in exchange for a claim on services such as military service or simply maintenance of the land in which the lord retained an interest.
This pattern descended from the level of high aristocracy as vassals of a monarch to the level of lower nobility, whose sole vassals were their serfs.
Understanding Feudal Land Tenure
Feudal land tenure is a system in which land was owned by tenants from lords. The king was lord paramount in medieval England and France, with multiple layers of lesser lords down to the occupying tenant.
Tenures were classified as either free or unfree. The earliest free tenure was in chivalry, specifically grand sergeanty and knight service.
The former required the tenant to perform some honorable and frequently personal service; knight service meant executing military responsibilities for the king or another lord, though by the middle of the 12th century, such service was usually exchanged for a payment known as scutage.
Another type of free tenure was socage, mainly customary socage, the main function of which was usually agricultural in nature, such as executing a certain number of days’ plowing for the lord each year.
In addition to the principal service, all of these tenures were subject to a number of conditions, including relief, which was a payment made on the transfer of a fief to an heir, and escheat, which was the restoration of the fief to the lord when the vassal died without an heir. Wardship, the care of a minor’s fief, and marriage, payment provided in place of marriage of the vassal’s daughter to the lord, were both conditions of chivalric tenure.
Villenage, which was originally a modified form of servitude, was the most common sort of unfree tenancy.
Whereas free tenants’ services were always predetermined, they were not in unfree tenure; the unfree tenant never knew what he may be asked to accomplish for his lord.
Although the villein tenant initially held his land entirely at the will of the lord and could be ejected at any time, the royal courts later protected him to the extent that he held tenancy at the will of the lord and according to manor custom, so that he could not be ejected in violation of existing customs.
Furthermore, an unfree tenant could not depart without his lord’s permission. In England, villenage tenure was replaced by copyhold tenure (abolished after 1925), in which the holder was personally free and paid rent in lieu of services.
Feudal Land Tenure in England
Several forms of land tenure existed in the English feudal system, each effectively a contract with varying rights and duties attached.
Such tenures might be free-hold, implying that they were hereditable or perpetual, or non-free, implying that the tenancy ended on the tenant’s death or at an earlier defined date.
High Medieval Ages
In England’s ancient past, significant areas of the realm were uninhabited and held as allodial titles; landowners merely worked with the king out of mutual interest rather than legal necessity.
Land tenure did not change dramatically until the Norman conquest, when William the Conqueror declared himself to be the single allodial proprietor of the entire kingdom.
In William’s realm, the common trade and sale of land was restricted, and all landholders were required to provide a service to their master (“no land without a lord”).
Knighthood and barony
The tenants-in-chief owned their land under the tenure of barony, which compelled the tenant to supply a number of knights for their liege for 40 days per year, after which the liege was either obligated to begin paying the knights or dismiss them.
On the other hand, tenants who held their land under the tenure of knight-service were not to leave their lands to the heir automatically, but required the lord’s agreement.
The system, however, proved difficult to sustain as the assessment of knight’s fees became impossible to maintain because few properties retained the same wealth and population as when they were first enfeoffed.
This resulted in a situation where the lord only provided a marginal number of knights of what he actually could muster.
Another difficulty was the practice of subinfeudation, in which the subtenants would alienate the property to tenants of their own choosing.
It thus proved unpopular with the superior lords and was forbidden by Edward I in Quia Emptores, as a compensation sale of properties was made permissible.
Norman reforms William took territory from those who opposed him and dispersed it among his followers. He developed a new sort of feudalism inspired by the military system, in which responsibility extended all the way down the hierarchy.
Late medieval era
Over the course of the late medieval period, knight-service was gradually superseded by scutage tenure, in which tenants paid tax based on their knight’s fee rather than providing knights.
Prior to the mid-13th century, fiefs were not inheritable due to the fear that the tenant’s heir would be unable to provide knight-service.
However, with scutage replacing knight-service, that fear no longer existed, and the heirs were allowed to succeed fiefs in exchange for paying a type of inheritance tax.
Importance Of Land Tenure
The importance of land tenure in medieval England is demonstrated by the fact that some fiefs were inherited in a process known as gavelkind, which distributed the land equally among all of the tenant’s sons.
In other cases, especially where there was no prospect that land could be freely inherited by the heir, heiresses could be forced to marry someone favored by their lord.
In such cases, the heir would be granted a portion of the property upon the father’s death.
Other types of land tenure included socage and burgage, in which rent was paid in services or cash, respectively.
Coalitions and estates: Perhaps the most important aspect of land tenure was its relation to politics. Throughout history, land has always been the basis of national wealth and power while taxes generated revenue for government. In England, the ability of the crown to levy taxes relied on the support of influential personages called the ‘cohorts’ and the tenants who held their lands under a particular tenure.
Land Tenure Faqs
What is Land Tenure?
Land tenure is the legal regime in which land is owned by an individual, who is called to “hold” the land in common law systems. It establishes who has access to land, for how long, and under what terms.
What is feudal Land Tenure?
Feudal land tenure is a mutual obligation system in which a royal or noble personage granted a fiefdom some degree of interest in the use or revenues of a given parcel of land in exchange for a claim on services such as military service or simply the maintenance of the land in which the lord retained an interest.
What does feudal mean in property?
At their most basic, there are four types of land tenure institutions in use today: customary land tenure, private ownership, tenancy, and state ownership.
These categories exist in at least four general economic contexts: feudal, traditional communal, market economy, and socialist economy.
What are the four types of land tenure?
Feudalism always meant that the land and buildings were owned outright, but the feudal superior collected a yearly feu duty (not a rent). More crucially, the feudal superior might put restrictions on what may be built and utilized on land.
How does land ownership work in feudalism?
Historically, tenants-in-chief were lords who received land directly from the Crown under the feudal system. They gave portions of their land to lower-level renters in exchange for services, who then divided it among even lower-level tenants.
How long do leaseholds last?
Leasehold indicates that you only have a lease from the freeholder (also known as the landlord) to use the residence for a set period of time.
Leases are typically for a lengthy period – generally 90 years or 120 years, and as long as 999 years – but they can also be for a short period, such as 40 years.
Why is it called feudalism?
The name “feudalism” is derived from the medieval Latin terms feudalis, which means fee, and feodum, which means fief. The fee represented the land given as payment for regular military duty (the fief).
Is feudal leasehold?
Leasehold merely grants the right to live in a property for 99 to 999 years. Aside from a few estates in the United States and Australia, England and Wales are the only countries in the world that follow this feudal system style tenure.
What is Feuhold property?
To begin with, if a property is a freehold, it means that the property owner or freeholder owns both the property and the land on which it is built.
This means that when the freeholder dies, they can leave the freehold property to their heirs because it is recognized as part of their estate.
What is the importance of land tenure?
Interventions include assisting impoverished people in protecting and developing their natural resource base, increasing access to agricultural land through resettlement plans, and ensuring food security for the disadvantaged, such as women, minorities, and indigenous populations.
Is feudalism still used today?
In modern times, historians have become very hesitant to put other cultures into European patterns. It is rare for Zamindari to be classified as feudal by academics; it is still used in general usage, but only for derogatory reasons, typically by critics of the system.
Is all property in Scotland freehold?
There is no distinction between freehold and leasehold when purchasing a residential property in Scotland. In general, anything you acquire in Scotland is completely yours, and everything is ‘freehold’ in Scotland.
When you acquire a property in Scotland, you can normally grant a tenancy to someone else so that they can occupy it for a rent.
What is the tenure of the property?
The financial arrangements that allow someone to live in a house or apartment are referred to as housing tenure.
The most common types are tenancy, in which the occupant pays rent to a landlord, and owner-occupancy, in which the occupant owns their own home. Mixed tenure is also an option.
What is land tenure reforms?
Land tenure rules specify how property rights to land are granted, transferred, used, or managed in a given society.
Individual land ownership may put land to the greatest economically effective use, but it may exclude disadvantaged populations, such as the poor, and limit state land management alternatives.
What is land tenure administration?
LAD transfers public and private agricultural lands to landless farmers and farmworkers.
It protects farmers’ tenure, promotes social fairness, and provides them with the productive resources they require to ensure their economic sustainability and production.
What are the main features of land tenure system?
It includes both permanent and seasonal use rights as well as property rights. We limit the meaning of land tenure to rights related to land, their origin, and operation. A tenure system may include both legal and customary rights.
What is tenure status mean?
The act, right, manner, or term of holding anything (such as a landed property, a post, or an office), especially: a status granted to a teacher after a trial period that provides protection from dismissal without cause.