An estate in land is, in the law of England and Wales, an interest in real property that is or may become possessory. It is a type of personal property and encompasses land ownership, rental and other arrangements that give people the right to use land. This is distinct from sovereignty over the land, which includes the right to government and taxation.
This should be distinguished from an "estate" as used in reference to an area of land, and "estate" as used to refer to property in general.
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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.
In common law systems, land tenure, from the French verb "tenir" means "to hold", is the legal regime in which land "owned" by an individual is possessed by someone else who is said to "hold" the land, based on an agreement between both individuals. It determines who can use land, for how long and under what conditions. Tenure may be based both on official laws and policies, and on informal local customs (insofar higher law does allow that). In other words, land tenure implies a system according to which land is held by an individual or the actual tiller of the land but this person does not have legal ownership.It determines the holder's rights and responsibilities in connection with their holding. The sovereign monarch, known in England as the Crown, held land in its own right. All land holders are either its tenants or sub-tenants. Tenure signifies a legal relationship between tenant and lord, arranging the duties and rights of tenant and lord in relationship to the land. Over history, many different forms of land tenure, i.e., ways of holding land, have been established.
A land claim is "the pursuit of recognized territorial ownership by a group or individual", usually only used with respect to disputed or unresolved ownership cases. A landowner is the holder of the estate in land with the most extensive and exclusive rights of ownership over the territory, simply put, the owner of land.
In common law, an estate is a living or deceased person's net worth. It is the sum of a person's assets; their legal rights, interests, and entitlements to property of any kind, minus all of their liabilities at a given time. The issue is of special legal significance on a question of bankruptcy and death of the person. (See inheritance.)
Depending on the particular context, the term is also used in reference to an estate in land or of a particular kind of property (such as real estate or personal estate). The term is also used to refer to the sum of a person's assets only.
In the Middle Ages, especially under the European feudal system, feoffment /ˈfɛfmənt/ or enfeoffment was the deed by which a person was given land in exchange for a pledge of service. This mechanism was later used to avoid restrictions on the passage of title in land by a system in which a landowner would give land to one person for the use of another. The common law of estates in land grew from this concept.
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).