Land tenure in the context of Regime


Land tenure in the context of Regime

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⭐ Core Definition: Land tenure

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.

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Land tenure in the context of Swaraj

Swarāj (IAST: svarāja, lit.'self-rule') can mean, generally self-governance or "self-rule". The term was used synonymously with "home-rule" by Maharishi Dayanand Saraswati and later on by Mahatma Gandhi, but the word usually refers to Gandhi's concept of Indian independence from foreign domination. Swaraj lays stress on governance, not by a hierarchical government, but by self-governance through individuals and community building. The focus is on political decentralisation. Since this is against the political and social systems followed by Britain, Gandhi's concept of Swaraj advocated India's discarding British political, economic, bureaucratic, legal, military, and educational institutions. S. Satyamurti, Chittaranjan Das and Motilal Nehru were among a contrasting group of Swarajists who laid the foundation for parliamentary democracy in India.

Although Gandhi's aim of totally implementing the concepts of Swaraj in India was not achieved, the voluntary work organisations which he founded for this purpose did serve as precursors and role models for people's movements, voluntary organisations, and some of the non-governmental organisations that were subsequently launched in various parts of India. The student movement against oppressive local and central governments, led by Jayaprakash Narayan, Udit Swaraj and the Bhoodan movement, which presaged demands for land reform legislation throughout India, and which ultimately led to India's discarding of the Zamindari system of land tenure and social organisation, were also inspired by the ideas of Swaraj.

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Land tenure in the context of Fiefs

A fief (/ff/; Latin: feudum) was a central element in medieval contracts based on feudal law. It consisted of a form of property holding or other rights granted by an overlord to a vassal, who held it in fealty or "in fee" in return for a form of feudal allegiance, services or payments. The fees were often lands, land revenue or revenue-producing real property like a watermill, held in feudal land tenure: these are typically known as fiefs or fiefdoms. However, not only land but anything of value could be held in fee, including governmental office, rights of exploitation such as hunting, fishing or felling trees, monopolies in trade, money rents and tax farms. There never existed a standard feudal system, nor did there exist only one type of fief. Over the ages, depending on the region, there was a broad variety of customs using the same basic legal principles in many variations.

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Land tenure in the context of Peasant

A peasant is a pre-industrial agricultural laborer or a farmer with limited land-ownership, especially one living in the Middle Ages under feudalism and paying rent, tax, fees, or services to a landlord. In Europe, three classes of peasants existed: non-free slaves, semi-free serfs, and free tenants. Peasants might hold title to land outright (fee simple), or by any of several forms of land tenure, among them socage, quit-rent, leasehold, and copyhold.

In some contexts, "peasant" has a pejorative meaning, even when referring to farm laborers. As early as in 13th-century Germany, the concept of "peasant" could imply "rustic" as well as "robber", as the English term villain/villein. In 21st-century English, the word "peasant" can mean "an ignorant, rude, or unsophisticated person".The word rose to renewed popularity in the 1940s–1960s as a collective term, often referring to rural populations of developing countries in general, as the "semantic successor to 'native', incorporating all its condescending and racial overtones".

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Land tenure in the context of Manorialism

Manorialism, also known as seigneurialism, the manor system or manorial system, was the method of land ownership (or "tenure") in parts of Europe, notably France and later England, during the Middle Ages. Its defining features included a large, sometimes fortified manor house or castle in which the lord of the manor and his dependants lived and administered a rural estate, and a population of labourers or serfs who worked the surrounding land to support themselves and the lord. These labourers fulfilled their obligations with labour time or in-kind produce at first, and later by cash payment as commercial activity increased. Manorialism was part of the feudal system.

Manorialism originated in the Roman villa system of the Late Roman Empire, and was widely practised in medieval western Europe and parts of central Europe. An essential element of feudal society, manorialism was slowly replaced by the advent of a money-based market economy and new forms of agrarian contract.

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Land tenure in the context of Indian reservation

An Indian reservation in the United States is an area of land held and governed by a Native American tribal nation officially recognized by the U.S. federal government. The reservation's government is autonomous but subject to regulations passed by the United States Congress, and is administered by the United States Bureau of Indian Affairs. It is not subject, however, to a state or local government of the U.S. state in which it is located. Some of the country's 574 federally recognized tribes govern more than one of the 326 Indian reservations in the United States, while some share reservations, and others have no reservation at all. Historical piecemeal land allocations under the Dawes Act facilitated sales to non–Native Americans, resulting in some reservations becoming severely fragmented, with pieces of tribal and privately held land being treated as separate enclaves. This intersection of private and public real estate creates significant administrative, political, and legal difficulties.

The total area of all reservations is 56,200,000 acres (22,700,000 ha; 87,800 sq mi; 227,000 km), approximately 2.3% of the total area of the United States and about the size of the state of Idaho. While most reservations are small compared to the average U.S. state, twelve Indian reservations are larger than the state of Rhode Island. The largest reservation, the Navajo Nation Reservation, is similar in size to the state of West Virginia. Reservations are unevenly distributed throughout the country, the majority being situated west of the Mississippi River and occupying lands that were first reserved by treaty (Indian Land Grants) from the public domain.

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Land tenure in the context of Conveyancing

In law, conveyancing is the transfer of legal title of real property from one person to another, or the granting of an encumbrance such as a mortgage or a lien. A typical conveyancing transaction has two major phases: the exchange of contracts (when equitable interests are created) and completion (also called settlement, when legal title passes and equitable rights merge with the legal title). The electronic execution of conveyancing processes and documents is known as e-conveyancing.

The sale of land is governed by the laws and practices of the jurisdiction in which the land is located. It is a legal requirement in all jurisdictions that contracts for the sale of land be in writing. An exchange of contracts involves two copies of a contract of sale being signed, one copy of which is retained by each party. When the parties are together, both would usually sign both copies, one copy of which being retained by each party, sometimes with a formal handing over of a copy from one party to the other. However, it is usually sufficient that only the copy retained by each party be signed by the other party only — hence contracts are "exchanged". This rule enables contracts to be "exchanged" by mail. Both copies of the contract of sale become binding only after each party is in possession of a copy of the contract signed by the other party—i.e., the exchange is said to be "complete". An exchange by electronic means is generally insufficient for an exchange, unless the laws of the jurisdiction expressly validate such signatures.

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Land tenure in the context of Ziamet

Ziamet was a form of land tenure in the Ottoman Empire, consisting in grant of lands or revenues by the Ottoman Sultan to an individual in compensation for their services, especially military services. The ziamet system was introduced by Osman I, who granted land tenure to his troops. Later, this system was expanded by Murad I for his Sipahi.

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Land tenure in the context of Franklin (class)

In the Kingdom of England from the 12th to 15th centuries, a franklin was a member of a certain social class or rank. In the Middle English period, a franklin was simply a freeman; that is, a man who was not a serf. In the feudal system under which people were tied to land which they did not own (or "own directly", etc.), serfs were in bondage to a member of the nobility who owned that land. The surname "Fry", derived from the Old English "frig" ("free born"), indicates a similar social origin.

The meaning of the word "franklin" evolved to mean a freeholder; that is, one who holds title to real property in fee simple. In the 14th and 15th centuries, franklin was "the designation of a class of landowners ranking next below the landed gentry".

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Land tenure in the context of Denization

Denization is an obsolete or defunct process in England and Ireland and the later Kingdom of Great Britain, the United Kingdom, and the British Empire, dating back to the 13th century, by which an alien (foreigner), through letters patent, became a denizen, thereby obtaining certain rights otherwise normally enjoyed only by the King's (or Queen's) subjects, including the right to hold land. The denizen was neither a subject (with citizenship or nationality) nor an alien, but had a status akin to permanent residency today. While one could become a subject via naturalisation, this required a private act of Parliament (or latterly of a colonial legislature); in contrast, denization was cheaper, quicker, and simpler. Denization fell into obsolescence when the British Nationality and Status of Aliens Act 1914 (4 & 5 Geo. 5. c. 17) simplified the naturalisation process.

Denization occurred by a grant of letters patent, an exercise of the royal prerogative. Denizens paid a fee and took an oath of allegiance to the crown. For example, when Venetian mariner Gabriel Corbet was granted letters of denization in 1431 for service upon the seas to Henry V and Henry VI, he was required to pay 40 shillings into the hanaper for the privilege.

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Land tenure in the context of Seigneur

A seigneur (French pronunciation: [sɛɲœʁ] ) or lord is an originally feudal title in France before the Revolution, in New France and British North America until 1854, and in the Channel Islands to this day. The seigneur owned a seigneurie, seigneury, or lordship—a form of title or land tenure—as a fief, with its associated obligations and rights over person and property. In this sense, a seigneur could be an individual—male or female, high or low-born—or a collective entity, typically a religious community such as a monastery, seminary, college, or parish. Seigneurialism was repealed in Acadia in 1733, France in 1789 and the Province of Canada in 1854. Since then, the feudal title has only been applicable in the Channel Islands and for sovereign princes by their families.

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Land tenure in the context of Leasehold estate

A leasehold estate is an ownership of a temporary right to hold land or property in which a lessee or a tenant has rights of real property by some form of title from a lessor or landlord. Although a tenant does hold rights to real property, a leasehold estate is typically considered personal property.

Leasehold is a form of land tenure or property tenure where one party buys the right to occupy land or a building for a given time. As a lease is a legal estate, leasehold estate can be bought and sold on the open market. A leasehold thus differs from a freehold or fee simple where the ownership of a property is purchased outright and after that held for an indeterminate length of time, and also differs from a tenancy where a property is let (rented) periodically such as weekly or monthly.

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Land tenure in the context of Feudal land tenure in England

Under the English feudal system several different forms of land tenure existed, each effectively a contract with differing rights and duties attached thereto. Such tenures could be either free-hold if they were hereditable or perpetual or non-free if they terminated on the tenant's death or at an earlier specified period.

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Land tenure in the context of Enfeoffing

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.

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Land tenure in the context of Copyhold

Copyhold was a form of customary land ownership common from the Late Middle Ages into modern times in England. The name for this type of land tenure is derived from the act of giving a copy of the relevant title deed that is recorded in the manorial court roll to the tenant, rather than the actual land deed itself. The legal owner of the manor land remained the mesne lord, who was legally the copyholder, according to the titles and customs written down in the manorial roll. In return for being given land, a copyhold tenant was required to carry out specific manorial duties or services. The specific rights and duties of copyhold tenants varied greatly from one manor to another and many were established by custom. By the 19th century, many customary duties had been replaced with the payment of rent.

Copyhold was directly descended from the feudal system of villeinage which involved giving service and produce to the local lord in return for land. Although feudalism in England had ended by the early 1500s, forms of copyhold tenure continued in England until being completely abolished by the Law of Property Act 1925.

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Land tenure in the context of Charles X of France

Charles X (Charles Philippe; 9 October 1757 – 6 November 1836) was King of France from 16 September 1824 until 2 August 1830. An uncle of the uncrowned Louis XVII and younger brother of reigning kings Louis XVI and Louis XVIII, he supported the latter in exile. After the Bourbon Restoration in 1814, Charles (as heir-presumptive) became the leader of the ultra-royalists, a radical monarchist faction within the French court that affirmed absolute monarchy by divine right and opposed the constitutional monarchy concessions towards liberals and the guarantees of civil liberties granted by the Charter of 1814. Charles gained influence within the French court after the assassination of his son Charles Ferdinand, Duke of Berry, in 1820 and succeeded his brother Louis XVIII in 1824.

At his coronation in 1825 he tried to revive the practice of the royal touch. The governments appointed under his reign reimbursed former landowners for the abolition of feudalism at the expense of bondholders, increased the power of the Catholic Church, and reimposed capital punishment for sacrilege, leading to conflict with the liberal-majority Chamber of Deputies.

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