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 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.
Fief and Feudal land tenure in England
The legal concept of land tenure in the Middle Ages has become known as the feudal system that has been widely used throughout what now is Europe, the Middle East and Asia Minor. The lords who received land directly from the Crown, or another landowner, in exchange for certain rights and obligations were called tenants-in-chief.
They doled out portions of their land to lesser tenants who in turn divided it among even lesser tenants. This process—that of granting subordinate tenancies—is known as subinfeudation. In this way, all individuals except the monarch did hold the land "of" someone else because legal ownership was with the (superior) monarch, also known as
overlord or
suzerain.
Historically, it was usual for there to be reciprocal duties and rights between lord and tenant.
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The open-field system was the prevalent agricultural system in much of Europe during the Middle Ages and lasted into the 20th century in Russia, Iran, and Turkey. Each manor or village had two or three large fields, usually several hundred acres each, which were divided into many narrow strips of land. The strips or selions were cultivated by peasants, often called tenants or serfs. The holdings of a manor also included woodland, often managed through coppicing, and pasture areas for common usage and fields belonging to the lord of the manor and the religious authorities, usually Roman Catholics in medieval Western Europe.
Ownership is the state or fact of legal possession and control over property, which may be any asset, tangible or intangible. Ownership can involve multiple rights, collectively referred to as title, which may be separated and held by different parties. The process and mechanics of ownership are fairly complex: one can gain, transfer, and lose ownership of property in a number of ways. To acquire property one can purchase it with money, trade it for other property, win it in a bet, receive it as a gift, inherit it, find it, receive it as damages, earn it by doing work or performing services, make it, or homestead it.
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, signifying that they were hereditable or perpetual, or non-free where the tenancy terminated on the tenant's death or at an earlier specified period. In England's ancient past large parts of the realm were unoccupied and owned as allodial titles: the landowners simply cooperated with the king out of a mutual interest instead of legal obligation.
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