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Concept
Régime foncier
Résumé
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.
Source officielle
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