The Popery Act (Penal Law) of 1704 required land owned by Roman Catholics to be divided equally between all a landholder's sons, both legitimate and illegitimate, on his death. This had formerly been normal under the law of gavelkind, a law abolished by the Dublin administration in 1604.[1] Known as sub-division, this inheritance practice continued by tradition until the middle of the 19th century.
The growth of population inevitably caused subdivision. Population grew from a level of about 500,000 in 1000 AD to about 2 million by 1700, and 5 million by 1800. On the eve of the Great Famine the population of Ireland had risen to 8 million, most people living on ever-smaller farms and depending on the potato as a staple diet.
By the 1840s, many farms had become so small that the only food source that could be grown in sufficient quantity to feed a family was potatoes. This was to have disastrous effects when, in the period 1847-50 a series of potato blight struck, making much of the potatoes grown inedible. This period came to be known as the Great Famine and led to the deaths of a million people.
From the 1870s the practice arose of passing a holding to one child only, which with the benefits of the Irish Land Acts, meant that the survivors prospered.[2]
A secondary effect of the prohibition of sub-division was that other children, who would previously have inherited part of the family farm tenancy or married into a similar small farm, were forced to seek employment elsewhere. Many emigrated. Many entered religious life, as Roman Catholicpriests, nuns or monks, such options becoming available due to a re-organisation of the Roman Catholic Church in Ireland under Cardinal Cullen from the 1850s. This influx of young people into religious life, thanks to the disappearance of sub-division, in part, explains the massive growth in clerical numbers in Ireland in the period.
Irish landholdings underwent further massive change in the period between the 1880s and the 1930s when a series[3] of Land Acts by the Irish Land Commission and Congested Districts Board for Ireland broke up the previous large estates from which tenant farmers rented property and who were empowered by British and (later) Irish government grants and loans to buy their farms instead of renting them.
Land Law (Ireland) Act 1881: Gave tenants real security ("the Three Fs": Fair Rent, Fixity of Tenure and Free Sale). It was too little, too late: by this time the Irish were demanding full proprietorship.
Land Purchase (Ireland) Act 1903: offered generous inducement to landlords to sell their estates to the Land Commission, which would then collect land annuities instead of rents.
↑ It has been argued that this custom had existed to pre-Norman times and covered not merely land inheritance, but even inheritance of kingship, where Irish monarchs and chieftains were not succeeded by their eldest son but by [one] family member elected by and from five generations of family members. The Penal Laws merely complicated issues such as tenancy, inheritance and the enforcement of the millennia-old tradition of equality among children. Such laws and customs were enforced in different ways, rigidly or otherwise, against different classes and religions, prior to the period in question.
The Great Famine, also known as the Great Hunger, the Famine and the Irish Potato Famine, was a period of starvation and disease in Ireland lasting from 1845 to 1852 that constituted a historical social crisis and subsequently had a major impact on Irish society and history as a whole. The most severely affected areas were in the western and southern parts of Ireland—where the Irish language was dominant—and hence the period was contemporaneously known in Irish as an Drochshaol, which literally translates to "the bad life" and loosely translates to "the hard times". The worst year of the famine was 1847, which became known as "Black '47". During the Great Hunger, roughly 1 million people died and more than 1 million more fled the country, causing the country's population to fall by 20–25% between 1841 and 1871. Between 1845 and 1855, at least 2.1 million people left Ireland, primarily on packet ships but also on steamboats and barques—one of the greatest exoduses from a single island in history.
A tenant farmer is a person who resides on land owned by a landlord. Tenant farming is an agricultural production system in which landowners contribute their land and often a measure of operating capital and management, while tenant farmers contribute their labor along with at times varying amounts of capital and management. Depending on the contract, tenants can make payments to the owner either of a fixed portion of the product, in cash or in a combination. The rights the tenant has over the land, the form, and measures of payment vary across systems. In some systems, the tenant could be evicted at whim ; in others, the landowner and tenant sign a contract for a fixed number of years. In most developed countries today, at least some restrictions are placed on the rights of landlords to evict tenants under normal circumstances.
The Irish National Land League, also known as the Land League, was an Irish political organisation of the late 19th century which organised tenant farmers in their resistance to exactions of landowners. Its primary aim was to abolish landlordism in Ireland and enable tenant farmers to own the land they worked on. The period of the Land League's agitation is known as the Land War. Historian R. F. Foster argues that in the countryside the Land League "reinforced the politicization of rural Catholic nationalist Ireland, partly by defining that identity against urbanization, landlordism, Englishness and—implicitly—Protestantism." Foster adds that about a third of the activists were Catholic priests, and Archbishop Thomas Croke was one of its most influential champions.
A lease is a contractual arrangement calling for the user to pay the owner for the use of an asset. Property, buildings and vehicles are common assets that are leased. Industrial or business equipment are also leased. Basically a lease agreement is a contract between two parties: the lessor and the lessee. The lessor is the legal owner of the asset, while the lessee obtains the right to use the asset in return for regular rental payments. The lessee also agrees to abide by various conditions regarding their use of the property or equipment. For example, a person leasing a car may agree to the condition that the car will only be used for personal use.
A leasehold estate is an ownership of a temporary right to hold land or property in which a lessee or a tenant has 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.
An Act to prevent the further Growth of Popery was an Act of the Parliament of Ireland that was passed in 1704 designed to suppress Roman Catholicism in Ireland ("Popery"). William Edward Hartpole Lecky called it the most notorious of the Irish Penal Laws.
The Land Acts were a series of measures to deal with the question of tenancy contracts and peasant proprietorship of land in Ireland in the nineteenth and twentieth centuries. Five such acts were introduced by the government of the United Kingdom between 1870 and 1909. Further acts were introduced by the governments of the Irish Free State after 1922 and more acts were passed for Northern Ireland.
Ireland was part of the United Kingdom from 1801 to 1922. For almost all of this period, the island was governed by the UK Parliament in London through its Dublin Castle administration in Ireland. Ireland underwent considerable difficulties in the 19th century, especially the Great Famine of the 1840s which started a population decline that continued for almost a century. The late 19th and early 20th centuries saw a vigorous campaign for Irish Home Rule. While legislation enabling Irish Home Rule was eventually passed, militant and armed opposition from Irish unionists, particularly in Ulster, opposed it. Proclamation was shelved for the duration following the outbreak of World War I. By 1918, however, moderate Irish nationalism had been eclipsed by militant republican separatism. In 1919, war broke out between republican separatists and British Government forces. Subsequent negotiations between Sinn Féin, the major Irish party, and the UK government led to the signing of the Anglo-Irish Treaty, which resulted in five-sixths of the island seceding from the United Kingdom, becoming the Irish Free State, with only the six northeastern counties remaining within the United Kingdom.
Crofting is a form of land tenure and small-scale food production peculiar to the Scottish Highlands, the islands of Scotland, and formerly on the Isle of Man. Within the 19th-century townships, individual crofts were established on the better land, and a large area of poorer-quality hill ground was shared by all the crofters of the township for grazing of their livestock. In the 21st century, crofting is found predominantly in the rural Western and Northern Isles and in the coastal fringes of the western and northern Scottish mainland.
The Protestant Ascendancy was the sociopolitical and economical domination of Ireland between the 17th and early 20th centuries by a small Anglican ruling class, whose members consisted of landowners, politicians, clergymen, military officers and other prominent professions. They were either members of the Church of Ireland or the Church of England and wielded a disproportionate amount of social, cultural and political influence in Ireland. The Ascendancy existed as a result of British rule in Ireland, as land confiscated from the Irish Catholic aristocracy was awarded by the Crown to Protestant settlers from Great Britain.
The Highland Potato Famine was a period of 19th-century Highland and Scottish history over which the agricultural communities of the Hebrides and the western Scottish Highlands saw their potato crop repeatedly devastated by potato blight. It was part of the wider food crisis facing Northern Europe caused by potato blight during the mid-1840s, whose most famous manifestation is the Great Irish Famine, but compared with its Irish counterpart, it was much less extensive and took many fewer lives as prompt and major charitable efforts by the rest of the United Kingdom ensured relatively little starvation.
The Crofters Holdings (Scotland) Act 1886 is an Act of the Parliament of the United Kingdom that created legal definitions of crofting parish and crofter, granted security of land tenure to crofters and produced the first Crofters Commission, a land court which ruled on disputes between landlords and crofters. The same court ruled on whether parishes were or were not crofting parishes. In many respects the Act was modelled on the Irish Land Acts of 1870 and 1881. By granting the crofters security of tenure, the Act put an end to the Highland Clearances.
The Irish Land Commission was created by the British crown in 1843 to "inquire into the occupation of the land in Ireland. The office of the commission was in Dublin Castle, and the records were, on its conclusion, deposited in the records tower there, from whence they were transferred in 1898 to the Public Record Office". It took on the role of a rent fixing commission in 1881 under the Land Law (Ireland) Act 1881. For a century it was the body responsible for re-distributing farmland in most of Ireland. It was formally abolished in 1999.
The Land War was a period of agrarian agitation in rural Ireland that began in 1879. It may refer specifically to the first and most intense period of agitation between 1879 and 1882, or include later outbreaks of agitation that periodically reignited until 1923, especially the 1886–1891 Plan of Campaign and the 1906–1909 Ranch War. The agitation was led by the Irish National Land League and its successors, the Irish National League and the United Irish League, and aimed to secure fair rent, free sale, and fixity of tenure for tenant farmers and ultimately peasant proprietorship of the land they worked.
In Ireland, the penal laws were a series of legal disabilities imposed in the seventeenth, and early eighteenth, centuries on the kingdom's Roman Catholic majority and, to a lesser degree, on Protestant "Dissenters". Enacted by the Irish Parliament, they secured the Protestant Ascendancy by further concentrating property and public office in the hands of those who, as communicants of the established Church of Ireland, subscribed to the Oath of Supremacy. The Oath acknowledged the British monarch as the "supreme governor" of matters both spiritual and temporal, and abjured "all foreign jurisdictions [and] powers"—by implication both the Pope in Rome and the Stuart "Pretender" in the court of the King of France.
The Tenant Right League was a federation of local societies formed in Ireland in the wake of the Great Famine to check the power of landlords and advance the rights of tenant farmers. An initiative of northern unionists and southern nationalists, it articulated a common programme of agrarian reform. In the wake of the League's success in helping return 48 pledged MPs to the Westminster Parliament in 1852, the promised unity of "North and South" dissolved. An attempt was made to revive the all-Ireland effort in 1874, but struggle for rights to the land was to continue through to the end of the century on lines that reflected the regional and sectarian division over Ireland's continued place in the United Kingdom.
The Landlord and Tenant Law Amendment Act, Ireland, 1860 or the Landlord and Tenant Law Amendment (Ireland) Act 1860, better known as Deasy's Act, was an Act of Parliament preceding the agrarian unrest in Ireland in the 1880s, the "Land War".
The Highland Clearances were the forced evictions of a significant number of tenants in the Scottish Highlands and Islands, mostly in two phases from 1750 to 1860.
The Agricultural Holdings Act 1995 is an Act of the Parliament of the United Kingdom which applies to England and Wales. It is in force. The Act reformed and substantially deregulated the law relating to agricultural tenancies, and has had the dual effects of increasing the amount of land available to rent in the agricultural sector, and increasing the average rent per acre charged.
The history of rent control in England and Wales is a part of English land law concerning the development of rent regulation in England and Wales. Controlling the prices that landlords could make their tenants pay formed the main element of rent regulation, and was in place from 1915 until its abolition by the Housing Act 1988.
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