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Allodial title

January 01, 1970

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. 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.

In France, while allodial title existed before the French Revolution, it was rare and limited to ecclesiastical properties and property that had fallen out of feudal ownership. After the French Revolution allodial title became the norm in France and other civil law countries that were under Napoleonic legal influences. In October 1854, the seigneurial system of Lower Canada, which had been ceded from France to Britain in 1763 at the conclusion of the Seven Years' War, was extinguished by the Seigneurial Tenures Abolition Act of October 1854, and a form similar to socage replaced it.

Property owned under allodial title is referred to as allodial land, allodium, or an allod. In the Domesday Book of 1086 it is called alod.[1] Historically, allodial title was sometimes used to distinguish ownership of land without feudal duties from ownership by feudal tenure which restricted alienation and burdened land with the tenurial rights of a landholder's overlord or sovereign.

Legal concept edit

Allodial lands are the absolute property of their owner and not subject to any rent, service, or acknowledgment to a superior. Allodial title is therefore an alternative to feudal land tenure.[2] However, historian James Holt states that "In Normandy the word alodium, whatever its sense in other parts of the Continent, meant, not land held free of seigneurial services, but land held by hereditary right", and that "alodium and feodum should be given the same meaning in England".[3]

Allodium, meaning "land exempt from feudal duties", is first attested in English-language texts in the 11th-century Domesday Book, but was borrowed from Old Low Franconian *allōd, meaning "full property", and attested in Latin as e.g., alodis, alaudes, in the Salic law (c. A.D. 507–596) and other Germanic laws. The word is a compound of *all "whole, full" and *ōd "estate, property" (cf. Old Saxon ōd, Old English ead, Old Norse auðr).[4] Allodial tenure seems to have been common throughout northern Europe,[2] but is now unknown in common law jurisdictions apart from Scotland and the Isle of Man. An allod could be converted into a fief, by the owner surrendering it to a lord and receiving it back as a fief.[5]

Allodial land title is common in the Isle of Man which has laws with Nordic origins. A version called udal tenure exists in the Orkney and Shetland Islands, also of Nordic origin. These are the only parts of the United Kingdom where allodial title exists, with the few exceptions.

One such exception is the Scottish Barony of the Bachuil, which is not of feudal origin like other baronies but is allodial in that it predates (A.D. 562) Scotland itself and the feudal system, dating from the Gaelic Kingdom of Dál Riata. In recognition as allodial Barons par le Grâce de Dieu not barons by a feudal crown grant, the Baron of the Bachuil has the only coat of arms in Scotland granted a cap of maintenance with a "vair" (squirrel fur) lining (as opposed to ermine) by the Lord Lyon Court.[6]

Another exception is Somerset House which was vested in His Majesty explicitly not in fee simple, and is held to be allodial.

See also edit

References edit

  1. ^ Express, Britain. "Domesday Book glossary". Britain Express.
  2. ^ a b Chisholm, Hugh, ed. (1911). "Allodium" . Encyclopædia Britannica. Vol. 1 (11th ed.). Cambridge University Press. p. 698.
  3. ^ Holt, James (1997). "Politics and Property in Early Medieval England". Colonial England, 1066–1215. London: Bloomsbury Publishing. pp. 115–6. ISBN 978-1-4411-7794-0.
  4. ^ C.T. Onions, ed., Oxford Dictionary of English Etymology, s.v. "allodium" (Oxford: Oxford University Press, 1996), 26–27.
  5. ^ Reynolds, Susan (1994). "Fiefs and Medieval Property Relations : 3.1 The concept of the fief". Fiefs and Vassals. Oxford University Press. p. 48. ISBN 0-19-820458-2.
  6. ^ Livingston, Niall (2006). (PDF). Baronage Press. Archived from the original (PDF) on 21 May 2018. Retrieved 21 May 2018.

Sources edit

  • Otto Brunner: Land und Herrschaft: Grundfragen der territorialen Verfassungsgeschichte Österreichs im Mittelalter. Darmstadt 1984 (unveränderter Nachdruck der 5. Auflage von 1965).
  • K. H. Burmeister: "Allod". In: Norbert Angermann (Hrsg.): Lexikon des Mittelalters. Bd. 1. München [u.a.] 1980.
  • William Bennett Munro, 1907, The Seigneurial System in Canada: A study in French Colonial Policy Harvard Historical Studies, Vol. XII, Harvard University Press, Cambridge, Massachusetts.

External links edit

  •   The dictionary definition of allodial title at Wiktionary

January 01, 1970
allodial, title, constitutes, ownership, real, property, land, buildings, fixtures, that, independent, superior, landlord, related, concept, land, held, allodium, land, ownership, occupancy, defense, land, most, property, ownership, common, jurisdictions, simp. 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 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 In France while allodial title existed before the French Revolution it was rare and limited to ecclesiastical properties and property that had fallen out of feudal ownership After the French Revolution allodial title became the norm in France and other civil law countries that were under Napoleonic legal influences In October 1854 the seigneurial system of Lower Canada which had been ceded from France to Britain in 1763 at the conclusion of the Seven Years War was extinguished by the Seigneurial Tenures Abolition Act of October 1854 and a form similar to socage replaced it Property owned under allodial title is referred to as allodial land allodium or an allod In the Domesday Book of 1086 it is called alod 1 Historically allodial title was sometimes used to distinguish ownership of land without feudal duties from ownership by feudal tenure which restricted alienation and burdened land with the tenurial rights of a landholder s overlord or sovereign Contents 1 Legal concept 2 See also 3 References 4 Sources 5 External linksLegal concept editAllodial lands are the absolute property of their owner and not subject to any rent service or acknowledgment to a superior Allodial title is therefore an alternative to feudal land tenure 2 However historian James Holt states that In Normandy the word alodium whatever its sense in other parts of the Continent meant not land held free of seigneurial services but land held by hereditary right and that alodium and feodum should be given the same meaning in England 3 Allodium meaning land exempt from feudal duties is first attested in English language texts in the 11th century Domesday Book but was borrowed from Old Low Franconian allōd meaning full property and attested in Latin as e g alodis alaudes in the Salic law c A D 507 596 and other Germanic laws The word is a compound of all whole full and ōd estate property cf Old Saxon ōd Old English ead Old Norse audr 4 Allodial tenure seems to have been common throughout northern Europe 2 but is now unknown in common law jurisdictions apart from Scotland and the Isle of Man An allod could be converted into a fief by the owner surrendering it to a lord and receiving it back as a fief 5 Allodial land title is common in the Isle of Man which has laws with Nordic origins A version called udal tenure exists in the Orkney and Shetland Islands also of Nordic origin These are the only parts of the United Kingdom where allodial title exists with the few exceptions One such exception is the Scottish Barony of the Bachuil which is not of feudal origin like other baronies but is allodial in that it predates A D 562 Scotland itself and the feudal system dating from the Gaelic Kingdom of Dal Riata In recognition as allodial Barons par le Grace de Dieu not barons by a feudal crown grant the Baron of the Bachuil has the only coat of arms in Scotland granted a cap of maintenance with a vair squirrel fur lining as opposed to ermine by the Lord Lyon Court 6 Another exception is Somerset House which was vested in His Majesty explicitly not in fee simple and is held to be allodial See also editAllod Historic type of land estate Assarting Clearing of forested lands for use in agriculture or other purposes Fralse Socially privileged class in Sweden Land tenure Legal regime in which area owned by an individual is held by another person Lord paramount Feudal overlord a lord with no obligations to a higher lord Manorialism Economic political and judicial institution during the Middle Ages in Europe Mark system Microstate Sovereign state having a very small population or very small land area Nulle terre sans seigneur Numa Denis Fustel de Coulanges French historian Odellsrett Scandinavian family land laws Property tax in the United States Quia Emptores English statute of 1290 Serfdom Status of peasants under feudalism Slander of title species of malicious falsehood relating to real estatePages displaying wikidata descriptions as a fallback Torrens title Land registration and land transfer systemReferences edit Express Britain Domesday Book glossary Britain Express a b Chisholm Hugh ed 1911 Allodium Encyclopaedia Britannica Vol 1 11th ed Cambridge University Press p 698 Holt James 1997 Politics and Property in Early Medieval England Colonial England 1066 1215 London Bloomsbury Publishing pp 115 6 ISBN 978 1 4411 7794 0 C T Onions ed Oxford Dictionary of English Etymology s v allodium Oxford Oxford University Press 1996 26 27 Reynolds Susan 1994 Fiefs and Medieval Property Relations 3 1 The concept of the fief Fiefs and Vassals Oxford University Press p 48 ISBN 0 19 820458 2 Livingston Niall 2006 The MacLeas or Livingstones and their Allodial Barony of the Bachuil PDF Baronage Press Archived from the original PDF on 21 May 2018 Retrieved 21 May 2018 Sources editOtto Brunner Land und Herrschaft Grundfragen der territorialen Verfassungsgeschichte Osterreichs im Mittelalter Darmstadt 1984 unveranderter Nachdruck der 5 Auflage von 1965 K H Burmeister Allod In Norbert Angermann Hrsg Lexikon des Mittelalters Bd 1 Munchen u a 1980 William Bennett Munro 1907 The Seigneurial System in Canada A study in French Colonial Policy Harvard Historical Studies Vol XII Harvard University Press Cambridge Massachusetts External links edit nbsp The dictionary definition of allodial title at Wiktionary Retrieved from https en wikipedia org w index php title Allodial title amp oldid 1222972183, wikipedia, wiki, book, books, library,

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