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Dominium directum et utile is a legal Latin term used to refer to the two separate estates in land that a fief was split into under feudal land tenure. [1] This system is more commonly known as duplex dominium or double domain. This can be contrasted with the modern allodial system, in which ownership is full and not divided into separate estates—a situation known as dominium plenum "full ownership".
Dominium directum et utile is composed of: [2] [3] [4]
These terms are built from Latin dominium ‘ownership’, directum ‘direct’, and utile ‘useful’.
Property is defined to mean a thing and those things that are naturally attached to it. For land, that would include buildings, trees, underground resources, etc. It would not include "movable" property, such as wagons or livestock.
The "lord" holding dominium directum may be anyone with sovereign power over the asset, such as a monarch or other nobility, or an established Christian Church.
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An oath of fealty, from the Latin fidelitas (faithfulness), is a pledge of allegiance of one person to another.
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.
Lord of the Manor is a title that, in Anglo-Saxon England, referred to the landholder of a rural estate. The lord enjoyed manorial rights as well as seignory, the right to grant or draw benefit from the estate. The title continues in modern England and Wales as a legally recognised form of property that can be held independently of its historical rights. It may belong entirely to one person or be a moiety shared with other people.
In common law systems, land tenure is the legal regime in which land is owned by an individual, who is said to "hold" the land. It determines who can use land, for how long and under what conditions. Tenure may be based both on official laws and policies, and on informal customs. In other words, land tenure system implies a system according to which land is held by an individual or the actual tiller of the land. It determines the owner's rights and responsibilities in connection with their holding. The French verb "tenir" means "to hold" and "tenant" is the present participle of "tenir". The sovereign monarch, known as The Crown, held land in its own right. All private owners are either its tenants or sub-tenants. Tenure signifies the relationship between tenant and lord, not the relationship between tenant and land. Over history, many different forms of land ownership, i.e., ways of owning land, have been established.
Examples of feudalism are helpful to fully understand feudalism and feudal society. Feudalism was practiced in many different ways, depending on location and time period, thus a high-level encompassing conceptual definition does not always provide a reader with the intimate understanding that detailed historical examples provide.
A tenement, in law, is anything that is held, rather than owned. This usage is a holdover from feudalism, which still forms the basis of property law in many common law jurisdictions, in which the monarch alone owned the allodial title to all the land within his kingdom.
Udal law is a Norse-derived legal system, found in Shetland and Orkney in Scotland, and in Manx law in the Isle of Man. It is closely related to Odelsrett; both terms are from Proto-Germanic *Ōþalan, meaning "heritage; inheritance".
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 the Middle Ages, especially under the European feudal system, feoffment or enfeoffment was the deed by which a person was given land in exchange for a pledge of service. This mechanism was later used to avoid restrictions on the passage of title in land by a system in which a landowner would give land to one person for the use of another. The common law of estates in land grew from this concept.
An overlord in the English feudal system was a lord of a manor who had subinfeudated a particular manor, estate or fee, to a tenant. The tenant thenceforth owed to the overlord one of a variety of services, usually military service or serjeanty, depending on which form of tenure the estate was held under. The highest overlord of all, or paramount lord, was the monarch, who due to his ancestor William the Conqueror's personal conquest of the Kingdom of England, owned by inheritance from him all the land in England under allodial title and had no superior overlord, "holding from God and his sword", although certain monarchs, notably King John (1199–1216) purported to grant the Kingdom of England to Pope Innocent III, who would thus have become overlord to English monarchs.
Prince and Great Steward of Scotland are two of the titles of the heir apparent to the throne of the United Kingdom. The current holder of these titles is Prince Charles, who bears the other Scottish titles of Duke of Rothesay, Duke of Edinburgh, Earl of Carrick, Lord of the Isles and Baron of Renfrew, and is known outside Scotland as the Prince of Wales.
In the law of the Middle Ages and early Modern Period and especially within the Holy Roman Empire, an allod, also allodial land or allodium, is an estate in land over which the allodial landowner (allodiary) had full ownership and right of alienation.
Land reform in Scotland is the ongoing process by which the ownership of land, its distribution and the law which governs it is modified, reformed and modernised by property and regulatory law.
A heerlijkheid was a landed estate that served as the lowest administrative and judicial unit in rural areas in the Dutch-speaking Low Countries before 1800. It originated as a unit of lordship under the feudal system during the Middle Ages. The English equivalents are manor, seigniory and lordship. The German equivalent is Herrschaft. The heerlijkheid system was the Dutch version of manorialism that prevailed in the Low Countries and was the precursor to the modern municipality system in the Netherlands and Flemish Belgium.
Scots property law governs the rules relating to property found in the legal jurisdiction of Scotland. As a hybrid legal system with both common law and civil law heritage, Scots property law is similar, but not identical, to property law in South Africa and the American state of Louisiana.
Dominium means "dominion; control; ownership". It is used in some phrases and maxims in legal Latin:
Feudalism as practiced in the Kingdoms of England during the medieval period was a state of human society that organized political and military leadership and force around a stratified formal structure based on land tenure. As a military defense and socio-economic paradigm designed to direct the wealth of the land to the king while it levied military troops to his causes, feudal society was ordered around relationships derived from the holding of land. Such landholdings are termed fiefdoms, traders, fiefs, or fees.
Feudalism in the Holy Roman Empire was a politico-economic system of relationships between liege lords and enfeoffed vassals that formed the basis of the social structure within the Holy Roman Empire during the High Middle Ages. In Germany the system is variously referred to Lehnswesen, Feudalwesen or Benefizialwesen.
In English common law, real property, real estate, immovable property or, solely in the US, realty, is land which is the property of some person and all structures integrated with or affixed to the land, including crops, buildings, machinery, wells, dams, ponds, mines, canals, and roads, among other things. The term is historic, arising from the now-discontinued form of action, which distinguished between real property disputes and personal property disputes. Personal property, or personalty, was, and continues to be, all property that is not real property.