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Land Law
Summer Notes
History of Land Ownership
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Created by
Aisha Abdelrahim
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Historically, land was seen as a
gift
from
God.
The
theological
interpretation of
land
informs the nature of land ownership.
It also explains why the
monarchy
owns land.
Land is a
gift
from
God
to the Crown of England.
This was a
theoretical
interpretation which developed around the year
1200.
The development of the understanding of land and its relationship with the
Crown
led to a shift in the way the
Crown
was understood in England.
The
monarch
went from King of the English to the King of
England.
Less about the subjects more about the land.
Since around the
1200s
the concept of land was something that had always belonged to the
Crown.
Feudalism
Following the Norman Conquest a system of feudalism would develop
Feudalism developed because of a number of factors:
The
Crown
would become the sole owner of land in England.
Labour
was an inefficient task at the time of the Conquest due to the lack of
industrialisation
and coordination at the time.
Feudalism
System/Doctrine of
Tenure
The
King
would allow people to use and occupy his land in return for certain services.
However this relationship was not limited between a person and the monarch.
Those who received a tenure could offer a tenure to someone else.
This was known as
subinfeudation.
Land Ownership Today
All land is still owned by the
Crown
An individual's
relationship
with land is therefore one of
estate
in the land or interest in the land.