In the general legal system, tenure is a legal regime in which the land is owned by an individual, who is said to "hold" the land. The French verb "tenir" means "holding" and "tenant" is the present verb of "tenir". The sovereign king, known as The Crown, has his own land. All private owners are renters or sub-tenants. Ownership signifies the relationship between tenants and masters, not the relationship between tenants and land.
Throughout history, various forms of land ownership , ie, how to own land, have been established.
A landlord / the landlord is a landholder on land with considerable ownership rights or, simply, a landowner.
Video Land tenure
Feudal ownership
Historically in the feudal system, the nobles who received land directly from the Crown were called tenants-in-chief. They distribute some of their land to lower tenants in return for services, which in turn divide it among the lesser tenants. This process - that of subordinate tenancies - is known as subinfeudation. In this way, all individuals except kings are said to hold the land "from" others.
Historically, it was common to have reciprocal duties between master and tenant. There are different types of ownership to match the various tasks that the tenant may owe to the authorities. For example, military tenure may be a service-knight, requiring tenants to supply the lord with a number of armed horsemen. The concept of tenure has evolved into other forms, such as rent and plantation.
Maps Land tenure
Ownership and ownership mode
There are various modes of ownership and tenure .
Traditional land ownership
For example, most of the native or tribal nations in North America have different views on land ownership. While European land ownership is centered around control, Indigenous people are based on stewardship. When Europeans first came to North America, they sometimes neglected traditional land ownership and confiscated only land, or they accommodated traditional land ownership by recognizing them as indigenous rights. This theory forms the basis for agreements with indigenous peoples.
Land ownership by swearing to make productive use
In some developing countries such as Egypt, Senegal, this method is still used today. In Senegal, it is mentioned as "mise en valeur des zones du terroir" and in Egypt, it is called Wadaa al-yad.
Allodial title
The Allodial title is a system in which real property is owned absolutely free and clear of a superior landlord or ruler. Allodial titles are actually rare, with most property ownership in the world of common law (Australia, Canada, Ireland, New Zealand, United Kingdom, United States) being very simple. Allodial titles can not be revoked, because they can be delivered, made, gifts, or mortgaged by their owners, but may not be pressured and controlled for private tax or debt collection, or criticized (dominant domains) by the government.
Feudal land ownership
Feudal land ownership is a reciprocal liability system in which a noble or noble given power - some degree of interest in the use or income of a particular plot of land - in return for claims for services such as military service or just ground maintenance where the master continues to have an interest. This pattern was obtained from the high nobility level as a subordinate of a king to a lesser nobleman whose only followers were their slaves.
Simple cost
Under common law, simple Fee is the most complete ownership of ownership that can be owned by real property, other than the rare Allodial designation. The owner can usually sell or transfer the interest or use it to get a mortgage loan. This "complete ownership" image is of course complicated by the obligation in most places to pay property taxes and with the fact that if the land is mortgaged, there will be claims in it in the form of lien. In modern society, this is the most common form of land ownership. Land can also be owned by more than one party and there are various rules of common ownership.
Native title
In Australia, indigenous rights are a common legal concept that recognizes that some indigenous peoples have certain land rights derived from their traditional laws and customs. The original title may co-exist with non-indigenous property and in some cases different custom groups may exercise their right to the same land.
Living treasure
Under general law, Real Life is an interest in real property that ends in death. Holders have the use of land for life, but usually do not have the ability to transfer the interest or use it to secure a mortgage loan.
Cost lead
Under general law, the tail cost is hereditary, the ownership of a non-transferable real property. Similar concepts, legitimate , are in civil and Roman law; legitimately limits the extent to which a person can deprive the inheritance of the heir.
Leasehold
Under common law and civil law, land may be leased or rented by the owner to another party. Various arrangements are possible, ranging from a very short period of time to the usual 99-year lease in the United Kingdom, and allow for varying degrees of freedom in property use.
Public land
The right to general use may include rights such as the use of roads or the right to graze one's animal on publicly owned land.
When profit sharing, a person has the use of farmland owned by another person in exchange for a share of the crop or livestock.
Generosity
Licensing allows one to use certain land uses owned by others. The most classic of affinities is true, but it can also include (for example) the right to run the power line on someone else's ground.
More
In addition, there are various forms of collective ownership, which usually take the form of membership in a cooperative, or shares in a company, which owns land (usually at modest cost, but possibly under other arrangements). There are also various hybrids; in many communist countries, government ownership of most agricultural land has been combined in various ways with a mastery for collective farming.
Land ownership in archeology
In archeology, the tenure tradition can be studied in accordance with territoriality and through the ways in which people make and utilize landscape boundaries, both natural and built. The less obvious aspects of tenure are harder to qualify, and the study of this relies heavily on anthropological notes (in the case of pre-literate societies) or textual evidence (in the case of educated societies).
In archeology, tenure traditions can be studied along the durian, such as land tenure by kinship and collective property management. It is possible to study the long-term consequences of change and development of land tenure systems and agricultural productivity.
In addition, the archaeological approach to land tenure arrangements studies the temporal aspects of land governance, including its temporary, non-eternal and negotiable aspects and the use of past forms. For example, people can claim, or claim to have resources, through reference to the ancestral memory in the community. In this case, the nature and relationships of past aspects, both real (eg monuments) and intangible (eg historical concepts through narrative) are used to legitimize the present.
Land ownership by country
Canada
China
All land in China is owned by the central government. Firms, farmers and householders lease land from the state using long-term lease of 20 to 70 years.
England and Wales
For land ownership in England and Wales, see Land tenure in England, UK land law and British land law history.
ireland
- Land and Conveyancing Law Reform Bill, 2006
Scotland
- crofting
- aoghairean
- half a foot
Angola
- Land ownership in Angola
The importance of working days today
Although the tenure doctrine is less important today, its influence still persists in some areas.
The concept of owners and tenants has been recycled to refer to the modern relations of the parties to land held under the lease. This has been shown by Professor FH Lawson in Introduction to Property Laws (1958), however, that landlord-tenant relationships never really fit in the feudal system and more as "foreign commercial elements".
The tenure doctrine does not apply to the person (personal property). However, the bailment relationship in the case of chattels is very much like a tenant-owner relationship that can be made on land.
Secure tenure also recognizes the legal status of a person's housing in urban areas and that is the main characteristic of the slums. Slum dwellers do not have legal rights over land and are thus usually marginalized and ignored by local government.
See also
References
Further reading
- John Baker, Introduction to English Legal History (3rd ed.) 1990 Butterworths. ISBNÃ, 0-406-53101-3
Source of the article : Wikipedia
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