Escheat in the context of "Operation of law"

Play Trivia Questions online!

or

Skip to study material about Escheat in the context of "Operation of law"




⭐ Core Definition: Escheat

Escheat /ɪsˈt/ (from Latin excidere 'fall away') 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.

↓ Menu

In this Dossier

Escheat in the context of House of Burgundy

The House of Burgundy (/ˈbɜːrɡəndi/) was a cadet branch of the Capetian dynasty, descending from Robert I, Duke of Burgundy, a younger son of King Robert II of France. The House ruled the Duchy of Burgundy from 1032 to 1361 and achieved the recognized title of King of Portugal.

The last member of the House was Philip of Rouvres, who succeeded his grandfather in 1349. Philip died childless in 1361 and the duchy reverted to his liege, who two years later created his son the new duke of Burgundy, thus beginning the Younger House of Burgundy.

↑ Return to Menu

Escheat in the context of Bills of attainder

A bill of attainder (also known as an act of attainder, writ of attainder, or bill of pains and penalties) is an act of a legislature declaring a person, or a group of people, guilty of some crime, and providing for a punishment, often without a trial. As with attainder resulting from the normal judicial process, the effect of such a bill is to nullify the targeted person's civil rights, most notably the right to own property (and thus pass it on to heirs), the right to a title of nobility, and, in at least the original usage, the right to life itself.

In the history of England, the word "attainder" refers to people who were declared "attainted", meaning that their civil rights were nullified: they could no longer own property or pass property to their family by will or testament. Attainted people would normally be put to death, with the property left behind escheated to the Crown or lord rather than being inherited by family. The first use of a bill of attainder was in 1321 against Hugh le Despenser, 1st Earl of Winchester and his son Hugh Despenser the Younger, Earl of Gloucester, who were both attainted for supporting King Edward II. Bills of attainder passed in Parliament by Henry VIII on 29 January 1542 resulted in the executions of a number of notable historical figures.

↑ Return to Menu

Escheat in the context of Lordship

A lordship is a territory held by a lord. It was a landed estate that served as the lowest administrative and judicial unit in rural areas. It originated as a unit under the feudal system during the Middle Ages. In a lordship, the functions of economic and legal management are assigned to a lord, who, at the same time, is not endowed with indispensable rights and duties of the sovereign. A Lordship in its essence is clearly different from the fief and, along with the allod, is one of the ways to exercise the right.

Nulle terre sans seigneur ("No land without a lord") was a feudal legal maxim; where no other lord can be discovered, the Crown is lord as lord paramount. The principal incidents of a seignory were a feudal oath of homage and fealty; a "quit" or "chief" rent; a "relief" of one year's quit rent, and the right of escheat. In return for these privileges the lord was liable to forfeit his rights if he neglected to protect and defend the tenant or did anything injurious to the feudal relation.

↑ Return to Menu

Escheat in the context of Seignory

In English law, seignory or seigniory, spelled signiory in Early Modern English (/ˈsnjəri/; French: seigneur [sɛɲœʁ] , lit.'lord'; Latin: senior, lit.'elder'), refers to the rights which a grantor retains after the grant of an estate in fee simple.

Nulle terre sans seigneur ("No land without a lord") was a feudal legal maxim; where no other lord can be discovered, the Crown is lord as lord paramount. The principal incidents of a seignory were a feudal oath of homage and fealty; a "quit" or "chief" rent; a "relief" of one year's quit rent, and the right of escheat. In return for these privileges, the lord was liable to forfeit his rights if he neglected to protect and defend the tenant or did anything injurious to the feudal relation.

↑ Return to Menu