Allodial title in the context of "Fee simple"

Play Trivia Questions online!

or

Skip to study material about Allodial title in the context of "Fee simple"

Ad spacer

⭐ Core Definition: Allodial title

Allodial title constitutes ownership of real property (land, buildings, and fixtures) that is independent of any superior landlord. Allodial title is related to the concept of land held "in allodium", or land ownership by occupancy and defense of the land.

Most property ownership in common law jurisdictions is fee simple. In the United States, the land is subject to eminent domain by federal, state and local government, and subject to the imposition of taxes by state and/or local governments, and there is thus no true allodial land. Some states within the United States (notably, Nevada and Texas) have provisions for considering land allodial under state law, and the term may be used in other circumstances. Land is "held of the Crown" in England and Wales and other jurisdictions in the Commonwealth realms. Some land in the Orkney and Shetland Islands, known as udal land, is held in a manner akin to allodial land in that these titles are not subject to the ultimate ownership of the Crown.

↓ Menu

>>>PUT SHARE BUTTONS HERE<<<

👉 Allodial title in the context of Fee simple

In English law, a fee simple is one of the estates in land recognised at common law. A "fee" is a vested, heritable, present possessory interest in land. A "fee simple" is land held without being subject to a term of years (i.e., indefinitely), and thus a form of freehold ownership. Though freehold, a fee simple may nonetheless be subject to limitations on how the land may be used, such as qualifiers or conditions that disallow certain uses, or subject the vested interest to termination. For example, a condition that requires the land to be used as a public park, with a reversionary interest reserved to the grantor (the person who held the land before) if the condition fails; this is a fee simple conditional.

A fee simple without such limitations is a "fee simple absolute", the amplest form of property ownership (allodial title excepted).

↓ Explore More Topics
In this Dossier

Allodial title in the context of Overlord

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 (i.e. feudal tenancy contract) the estate was held under. The highest overlord of all, or lord paramount, 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.

A paramount lord may then be seen to occupy the apex of the feudal pyramid, or the root of the feudal tree, and such allodial title is also termed "radical title" (from Latin radix, root), "ultimate title" and "final title". William the Conqueror immediately set about granting tenancies on his newly won lands, in accordance with feudal principles. The monarch's immediate tenants were the tenants-in-chief, usually military magnates, who held the highest status in feudal society below the monarch. The tenants-in-chief usually held multiple manors or other estates from the monarch, often as feudal barons (or "barons by tenure") who owed their royal overlord an enhanced and onerous form of military service, and subinfeudated most to tenants, generally their own knights or military followers, keeping only a few in demesne. This created a mesne lord – tenant relationship. The knights in turn subinfeudated to their own tenants, creating a further subsidiary mesne lord – tenant relationship. Over the centuries for any single estate the process was in practice repeated numerous times.

↑ Return to Menu

Allodial title in the context of Lord paramount

A lord paramount, in feudal law, is an overlord who holds his fief from no superior lord. Such a person holds allodial title, owing no socage or feudal obligations such as military service, in contrast to a mesne lord who holds his fief from a superior.

↑ Return to Menu

Allodial title in the context of Benefice

A benefice (/ˈbɛnɪfɪs/) or living is a reward received in exchange for services rendered and as a retainer for future services. The Roman Empire used the Latin term beneficium as a benefit to an individual from the Empire for services rendered. Its use was adopted by the Western Church in the Carolingian era as a benefit bestowed by the crown or church officials. A benefice specifically from a church is called a precaria (pl. precariae), such as a stipend, and one from a monarch or nobleman is usually called a fief. A benefice is distinct from an allod, in that an allod is property owned outright, not bestowed by a higher authority.

↑ Return to Menu

Allodial title in the context of Tenement (law)

A tenement (from the Latin tenere to hold), 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.

Under feudalism, land itself was never privately "owned" but rather was "held" by a tenant (from Latin teneo "to hold") as a fee, being merely a legal right over land known in modern law as an estate in land. This was held from a superior overlord, (a mesne lord), or from the crown itself in which case the holder was termed a tenant-in-chief, upon some manner of service under one of a variety of feudal land tenures. The thing held is called a tenement, the holder is called a tenant, the manner of his holding is called a tenure, and the superior is called the landlord, or lord of the fee. These forms are still preserved in law, even though feudalism itself is extinct, because all real estate law has developed from them over centuries.

↑ Return to Menu

Allodial title in the context of Dominium directum et utile

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. 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".

↑ Return to Menu

Allodial title in the context of Nulle terre sans seigneur

In feudal law, nulle terre sans seigneur (French for "no land without (a) lord", pronounced [nyl tɛʁ sɑ̃ sɛɲœʁ]) is the principle that one provides services to the sovereign (usually serving in his army) for the right to receive land from the sovereign. Originally a maxim of feudal law, it applies in modern form to paying rates or land tax for land of former feudal or feudal-like origin such as land with modern fee simple title, as opposed to land with allodial or udal title.

In the original French, the expression means "No land without a lord" though the legal sense might be more akin to "no property without a liege" since it was at the basis of the link between the infeodated or feal and his liege, in the feudal system.

↑ Return to Menu