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Escheat is a common law doctrine that transfers the real property of a person who has died without heirs to the crown or state. It serves to ensure that property is not left in "limbo" without recognized ownership. It originally applied to a number of situations where a legal interest in land was destroyed by operation of law, so that the ownership of the land reverted to the immediately superior feudal lord.
In English law, a fee simple or fee simple absolute is an estate in land, a form of freehold ownership. A "fee" is a vested, inheritable, present possessory interest in land. A "fee simple" is real property held without limit of time under common law, whereas the highest possible form of ownership is a "fee simple absolute," which is without limitations on the land's use.
In common law and statutory law, a life estate is the ownership of immovable property for the duration of a person's life. In legal terms, it is an estate in real property that ends at death when ownership of the property may revert to the original owner, or it may pass to another person. The owner of a life estate is called a "life tenant".
A condominium is an ownership structure whereby a building is divided into several units that are each separately owned, surrounded by common areas that are jointly owned. The term can be applied to the building or complex itself as well as each individual unit within.
An estate in land is, in the law of England and Wales, an interest in real property that is or may become possessory. It is a type of personal property and encompasses land ownership, rental and other arrangements that give people the right to use land. This is distinct from sovereignty over the land, which includes the right to government and taxation.
A leasehold estate is an ownership of a temporary right to hold land or property in which a lessee or a tenant holds rights of real property by some form of title from a lessor or landlord. Although a tenant does hold rights to real property, a leasehold estate is typically considered personal property.
Seisin denotes the legal possession of a feudal fiefdom or fee, that is to say an estate in land. It was used in the form of "the son and heir of X has obtained seisin of his inheritance", and thus is effectively a term concerned with conveyancing in the feudal era. The person holding such estate is said to be "seized of it", a phrase which commonly appears in inquisitions post mortem. The monarch alone "held" all the land of England by his allodial right and all his subjects were merely his tenants under various contracts of feudal tenure.
In English law, seignory or seigniory, spelled signiory in Early Modern English, is the lordship (authority) remaining to a grantor after the grant of an estate in fee simple.
Jointure is, in law, a provision for a wife after the death of her husband. As defined by Sir Edward Coke, it is "a competent livelihood of freehold for the wife, of lands or tenements, to take effect presently in possession or profit after the death of her husband for the life of the wife at least, if she herself be not the cause of determination or forfeiture of it':.
A profit, in the law of real property, is a nonpossessory interest in land similar to the better-known easement, which gives the holder the right to take natural resources such as petroleum, minerals, timber, and wild game from the land of another. Indeed, because of the necessity of allowing access to the land so that resources may be gathered, every profit contains an implied easement for the owner of the profit to enter the other party's land for the purpose of collecting the resources permitted by the profit.
The Land Registration Act 2002 is an Act of the Parliament of the United Kingdom which repealed and replaced previous legislation governing land registration, in particular the Land Registration Act 1925, which governed an earlier, though similar, system. The Act, together with the Land Registration Rules, regulates the role and practice of HM Land Registry.
A base fee is an interest in real property that has the potential to last forever, provided a specified contingent event does not take place. For example, a grantee might be given an interest in a piece of land, "as long as the land is not used for any illegal purposes."
In property law of the United Kingdom and the United States and other common law countries, a remainder is a future interest given to a person that is capable of becoming possessory upon the natural end of a prior estate created by the same instrument. Thus, the prior estate must be one that is capable of ending naturally, for example upon the expiration of a term of years or the death of a life tenant. A future interest following a fee simple absolute cannot be a remainder because of the preceding infinite duration.
Forty-shilling freeholders were those who had the parliamentary franchise to vote by virtue of possessing freehold property, or lands held directly of the king, of an annual rent of at least forty shillings, clear of all charges.
Customary freehold is in English law a species of tenure which may be described as a variety of copyhold. It is also termed privileged copyhold or copyhold of frank tenure. It is a tenure by copy of manorial roll, but not expressed to be at the will of the lord. It is, in fact, only a superior kind of copyhold, and the freehold is in the lord. It is subject to the general law of copyholds, except where the law may be varied by the custom of the particular manor.
The Law of Property Act 1925 is a statute of the United Kingdom Parliament. It forms part of an interrelated programme of legislation introduced by Lord Chancellor Lord Birkenhead between 1922 and 1925. The programme was intended to modernise the English law of real property. The Act deals principally with the transfer of freehold or leasehold land by deed.
The right of foreigners to vote in the United States has historically been a contentious issue. A foreigner, in this context, is a person who is not a citizen of the United States. Since enactment of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996, federal law has prohibited noncitizens from voting in federal elections, punishing them by fines, imprisonment, inadmissibility and deportation. Exempt from punishment is any noncitizen who, at the time of voting, had two natural or adoptive U.S. citizen parents, who began permanently living in the United States before turning 16 years old, and who reasonably believed that they were a citizen of the United States. The federal law does not prohibit noncitizens from voting in state or local elections, but no state has allowed noncitizens to vote in state elections since Arkansas became the last state to outlaw noncitizen voting in 1926. However, in some states, local governments have the power to allow noncitizens to vote in local elections. As of December 2021, fourteen local jurisdictions allow non-citizen voting, namely New York City, Winooski and Montpelier in Vermont, San Francisco, and eleven in Maryland near Washington, D.C. Additionally, the U.S. territories of American Samoa and the Northern Mariana Islands allow non-citizen US nationals to vote.
English property law refers to the law of acquisition, sharing and protection of valuable assets in England and Wales. While part of the United Kingdom, many elements of Scots property law are different. In England, property law encompasses four main topics:
In common law jurisdictions such as England and Wales, Australia, Canada, and Ireland, a freehold is the common mode of ownership of real property, or land, and all immovable structures attached to such land. It is in contrast to a leasehold, in which the property reverts to the owner of the land after the lease period expires or otherwise lawfully terminates. For an estate to be a freehold, it must possess two qualities: immobility and ownership of it must be forever. If the time of ownership can be fixed and determined, it cannot be a freehold. It is "An estate in land held in fee simple, fee tail or for term of life."
The Rule in Shelley's Case is a rule of law that may apply to certain future interests in real property and trusts created in common law jurisdictions. It was applied as early as 1366 in The Provost of Beverly's Case but in its present form is derived from Shelley's Case (1581), in which counsel stated the rule as follows:
…when the ancestor by any gift or conveyance takes an estate of freehold, and in the same gift or conveyance an estate is limited either mediately or immediately to his heirs in fee simple or in fee tail; that always in such cases, 'the heirs' are words of limitation of the estate, not words of purchase.
References
- ↑ Moynihan, Introduction to the Law of Real Property 173-76 (3d ed. 2002).
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