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Encyclopedia > Allodial title
Property law
Part of the common law series
Acquisition of property
Gift  · Adverse possession  · Deed
Lost, mislaid, and abandoned property
Bailment  · Licence
Estates in land
Allodial title  · Fee simple
Life estate  · Fee tail  · Future interest
Concurrent estate  · Leasehold estate
Condominiums
Conveyancing of interests in land
Bona fide purchaser  · Torrens title
Estoppel by deed  · Quitclaim deed
Mortgage  · Equitable conversion
Action to quiet title
Limiting control over future use
Restraint on alienation
Rule against perpetuities
Rule in Shelley's Case
Doctrine of worthier title
Nonpossessory interest in land
Easement  · Profit
Covenant running with the land
Equitable servitude
Related topics
Fixtures  · Waste  · Partition
Riparian water rights
Lateral and subjacent support
Assignment  · Nemo dat
Other areas of the common law
Contract law  · Tort law
Wills and trusts
Criminal Law  · Evidence

Allodial title is a concept in some systems of property law. It describes a situation where real property (land, buildings and fixtures) is owned free and clear of any encumbrances, including liens, mortgages and tax obligations. Allodial title is inalienable, in that it cannot be taken by any operation of law for any reason whatsoever. Image File history File links Scale_of_justice. ... Property law is the area of law that governs the various forms of ownership in real property (land as distinct from personal or movable possessions) and in personal property, within the common law legal system. ... This article concerns the common-law legal system, as contrasted with the civil law legal system; for other meanings of the term, within the field of law, see common law (disambiguation). ... A gift, in the law of property, has a very specific meaning. ... In real estate common law, adverse possession is a means of acquiring title to anothers real property without compensation, by, as the name suggests, holding the property in a manner that conflicts with the true owners rights. ... A deed is a legal instrument used to grant a right. ... In the common law of property, personal belongings that have left the possession of their rightful owners without having directly entered the possession of another person are deemed to be lost, mislaid, or abandoned, depending on the circumstances under which they were found by the next party to come into... Bailment describes a legal relationship where physical possession of personal property (chattels) is transferred from one person (the bailor) to another person (the bailee) who subsequently holds possession of the property. ... A license or licence is a document or agreement giving permission to do something. ... Estate is a term used in the common law. ... Fee simple, also known as fee simple absolute or allodial, is a term of art in common law. ... A life estate, at common law is an estate in real property that ends at death. ... Fee tail is an obsolescent term of art in common law. ... In property law and real estate, a future interest - is an interest that accompanies a defeasible estate. ... A concurrent estate or co-tenancy is a concept in property law, particularly derived from the common law of real property, which describes the various ways in which property can be owned by more than one person at a given time. ... A leasehold estate is an ownership interest in land in which a lessee or a tenant holds real property by some form of title from a lessor or landlord. ... A condominium is a form of housing tenure. ... Conveyancing is the act of transferring the ownership of a property from one person to another. ... A bona fide purchaser (BFP)—or bona fide purchaser for value without notice (BFPFVWN)—in the law of real property, is an innocent party who purchases property for value, without notice of any other partys claim to the title of that property. ... Torrens title is a system of land title where a register of land holdings maintained by the state guarantees indefeasible title to those included in the register. ... Estoppel by deed is a doctrine in the law of real property that arises where a party conveys title to land that he does not own to a bona fide purchaser, and then acquires title to that land. ... A quitclaim deed is a term used in property law to describe a document by which a person disclaims any interest the grantor might have in a piece of real property, and passes that claim to another person (the grantee). ... A mortgage is a method of using property (real or personal) as security for the payment of a debt. ... Equitable conversion is a doctrine of the law of real property under which a purchaser of real property becomes the equitable owner of title to the property at the time that they sign a contract binding them to purchase the land at a later date. ... This page is a candidate to be copied to Wiktionary. ... In property law and real estate, a future interest - is an interest that accompanies a defeasible estate. ... A restraint on alienation, in the law of real property, is a clause used in the conveyance of real property that seeks to prohibit the recipient from selling or otherwise transferring his interest in the property. ... The rule against perpetuities is a rule in property law which prohibits a contingent grant or will from vesting outside a certain period of time. ... To meet Wikipedias quality standards, this article or section may require cleanup. ... In the common law of England, the doctrine of worthier title was a legal doctrine that preferred taking title to real estate by descent over taking title by devise or by purchase. ... A nonpossessory interest in land is a term of the law of property to describe any of a category of rights held by one person to use land that is in the possession of another. ... NB: This article is manifestly incorrect outside of US law. ... A profit, in the law of real estate, is a nonpossessory interest in land similar to the better-known easement, which gives the holder the right to take natural resources such as petroleum, minerals, timber, and wild game from the land of another. ... A covenant running with the land, in the law of real property, is a nonpossessory interest in land in the form of an agreement between adjoining landowners to do or not do something with relation to the land that they respectively occupy - to maintain a fence, for example, or not... An equitable servitude is a term used in the law of real property to describe a nonpossessory interest in land that operates much like a covenant running with the land, requiring the landowner to maintain certain practices with respect to the land (e. ... In the law of real property, fixtures are anything that would otherwise be a chattel that have, by reason of incorporation or affixation, become permanently attached to the real property. ... Waste is a term used in the law of real property to describe a cause of action that can be brought in court to address a change in condition of real property brought about by a current tenant that damages or destroys the value of that property. ... A partition is a term used in the law of real property to describe the court-ordered division of a concurrent estate into separate portions representing the proportionate interests of the tenants. ... Riparian water rights is a system of allocating water among the property owners who abut its source. ... Lateral and subjacent support, in the law of property, describes the right a landowner has to have that land physically supported in its natural state by both adjoining land and underground structures. ... An assignment is a term used with similar meanings in the law of contracts and in the law of real estate. ... Nemo dat quod non habet, literally meaning no one [can] give what they dont have is a legal rule, sometimes called the nemo dat rule that states that the purchase of a possession from someone who has no ownership right to it also denies the purchaser any ownership title. ... A contract is any promise or set of promises made by one party to another for the breach of which the law provides a remedy. ... In the common law, a tort is a civil wrong for which the law provides a remedy. ... In the common law, a will or testament is a document by which a person (the testator) regulates the rights of others over his property or family after death. ... The law of trusts and estates is generally considered the body of law which governs the management of personal affairs and the disposition of property of an individual in anticipation and the event of such persons incapacity or death, also known as the law of successions in civil law. ... Criminal law (also known as penal law) is the body of statutory and common law that deals with crime and the legal punishment of criminal offenses. ... The law of evidence governs the use of testimony (e. ... The factual accuracy of this article is disputed. ... A LAND attack is a DoS (Denial of Service) attack that consists of sending a special poison spoofed packet to a computer, causing it to lock up. ... For other uses, see Building (disambiguation). ... In the law of real property, fixtures are anything that would otherwise be a chattel that have, by reason of incorporation or affixation, become permanently attached to the real property. ... An encumbrance is a legal term of art for anything that affects or limits the title of a property, such as mortgages, leases, easements, liens, or restrictions. ... In law, lien is the broadest term for any sort of charge or encumbrance against an item of property that secures the payment of a debt or performance of some other obligation. ... A mortgage is a method of using property (real or personal) as security for the payment of a debt. ... A tax (also known as a duty) is a financial charge or other levy imposed on an individual or a legal entity by a state or a functional equivalent of a state (e. ... This article is being considered for deletion in accordance with Wikipedias deletion policy. ... The phrase by operation of law is a legal term that indicates that a right or liability has been created for a party, irrespective of the intent of that party, because it is dictated by existing legal principles. ...


True allodial title is rare, with most property ownership in the common law world—primarily, the United Kingdom, the United States, Canada, Australia and New Zealand—described more properly as being in fee simple. In particular, land is said to be "held of the Crown" in England and Wales and the Commonwealth realms. In England, there is no allodial land, all land being held of the Crown; even in the United States most lands are not allodial, as evidenced by the existence of property taxes. Some of the Commonwealth realms recognise native title, a form of allodial title that does not originate from a Crown grant. Fee simple, also known as fee simple absolute or allodial, is a term of art in common law. ... The Crown is a term which is used to separate the government authority and property of the state in a kingdom from any personal influence and private assets held by the current Monarch. ... The Commonwealth Realms, shown in pink A Commonwealth Realm is any one of the 16 sovereign states of the Commonwealth of Nations that separately recognise Queen Elizabeth II as their monarch. ... Native title is a concept in the law of Australia that recognises the continued ownership of land by local Indigenous Australians. ...


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. Interestingly Quebec adopted a form of allodial title when it abolished feudalism in the mid-nineteenth century making the forms of ownership in Upper and Lower Canada remarkably similar in substance. The French Revolution (1789–1799) was a pivotal period in the history of French, European and Western civilization. ... A church building (or simply church) is a building used in Christian worship. ... For other uses, see Napoleon (disambiguation). ... Motto: Je me souviens (French: I remember) Official languages French Flower Blue Flag Iris (Iris versicolor Linné) Tree Yellow Birch Bird Snowy Owl Capital Quebec City Largest city Montreal Lieutenant-Governor Lise Thibault Premier Jean Charest (PLQ) Parliamentary representation  - House seat  - Senate seats 75 24 Area Total  - Land  - Water  (% of... Lower Canada was a British colony in North America, at the downstream end of the Saint Lawrence River in the southern portion of the modern-day province of Quebec. ...


In common legal use, allodial title is used to distinguish absolute ownership of land by individuals from feudal ownership, where property ownership is dependent on relationship to a lord or the sovereign. Webster's first dictionary says allodium is "land which is absolute property of the owner, real estate held in absolute independence, without being subject to any rent, service, or acknowledgement to a superior. It is thus opposed to feud. Feudalism comes from the Late Latin word feudum, itself borrowed from a Germanic root *fehu, a commonly used term in the Middle Ages which means fief, or land held under certain obligations by feodati. ... A lord is a male who has power and authority. ... Look up monarch in Wiktionary, the free dictionary. ...


Property owned under allodial title is referred to as allodial land or allodium. However, "To say that land is owned 'allodially' is a fiction. For land is subject to expropriation by way of eminent domain." [1] Eminent domain (US), compulsory purchase (United Kingdom, New Zealand, Republic of Ireland), compulsory acquisition (Australia) or expropriation (Canada, South Africa) in common law legal systems is the lawful power of the state to expropriate private property without the owners consent, either for its own use or on behalf of...

Contents


Legal concept

Allodial lands are the absolute property of their owner and not subject to any service or acknowledgment to a superior. An allodial title is the opposite of a feudal tenure such as fee simple. The derivation of the word is still doubtful, though it is probably compounded of the Germanic all, whole or entire, and odh, property. Allodial tenure seems to have been common throughout northern Europe, but is now unknown in common law jurisidictions apart from the United States. Allodial titles are known as udal tenure in Orkney and Shetland, the only parts of the United Kingdom where they exist. Roland pledges his fealty to Charlemagne; from a manuscript of a chanson de geste. ... Fee simple, also known as fee simple absolute or allodial, is a term of art in common law. ... This article concerns the common-law legal system, as contrasted with the civil law legal system; for other meanings of the term, within the field of law, see common law (disambiguation). ... Udal law is a near-defunct Norse derived legal system, which was formerly found in Shetland and Orkney, Scotland. ... The Orkney Islands form one of 32 unitary council regions in Scotland, and are a Lieutenancy Area. ... See Shetland (disambiguation) for other meanings. ...


Development of equitable title

As late as the Tudor period, in order to avoid estate taxes, a legal loophole was exploited where land was willed to a trustee for the use of the beneficiary. However, trustees often abused this privilege, and heirs found that the courts of common law would refuse to recognize the "use" clause, and would instead grant title in law to the trustee. However, the courts of equity, which were developed by the sovereign to deal with obvious injustices in the common law courts, ruled that the heirs were entitled to the use of the property, and gave them title in equity. As rulings of equity courts ranked above those of common law courts, this gave heirs the use of the land, but not title to it in the common law. Inheritance tax, estate tax and death duty are the names given to various taxes which arise on the death of an individual. ... The term loophole could refer to a number of things: See Embrasure; a slit in a castle wall Loophole (1954 movie) Loophole (1981 movie) for other meaning see Loophole at Wikionary Cash Loopholes ... The word trustee is a legal term that refers to a holder of property on behalf of some other beneficiary. ... A beneficiary in the broadest sense is a natural person or other legal entity who receives money or other benefits from a benefactor. ... The Court of Chancery, London, early 19th century This article is about concept of equity in Anglo-American jurisprudence. ... For other uses, see inheritance (disambiguation). ...


However, this distinction between common law and equity title helped develop forms of security based on the distinction, now known as the mortgage. Enjoyment of the property during the period where the mortgage was in good standing could be assured through the equity courts, while the right to foreclose on the property to merge the common law and equity title were guaranteed in the common law courts. To meet Wikipedias quality standards, this article or section may require cleanup. ... A mortgage is a method of using property (real or personal) as security for the payment of a debt. ...


Proof of ownership

Until the 18th century, almost all common law property ownership depended on proving a link of possession from a royal grant of title to the property owner. Although the feudal system was rapidly disappearing from England in the 18th century, to be replaced with a system of taxation, in theory the feudal chain of title still existed, although it was a formality.


However, proving ownership in absence of the documents was an impossibility, and forgeries of crown grants were common and difficult to detect. Moreover, it was nearly impossible to determine if land was subject to common law encumbrances (i.e. mortgages). This led to the establishment in the 18th century of land registry systems, where a central office in each county was responsible for the filing of land deed, mortgages, liens and other evidence of ownership, transfer or encumbrance. Under land registry, deeds and charges were not recognized unless they were filed, and persons who filed were given priority over previous transactions that had not been filed. Moreover, under statutes of limitation, only documents that had been filed in the past 40 years had to be consulted to determine the chain of ownership. Forgery is the process of making or adapting objects or documents (see false document), with the intention to deceive (fraud is the use of objects obtained through forgery). ... A land registry is a system for publicly recording legal interests in land. ... In law, lien is the broadest term for any sort of charge or encumbrance against an item of property that secures the payment of a debt or performance of some other obligation. ... Click here for Deed, the legal instrument (Deeds is also the name of a teenage anarhist that livez in a stinky stupid countrey called Romania-i know uve never herd its name ever, but thats whiy its so stinky. ... A statute of limitations is a statute in a common law legal system that sets forth the maximum period of time, after certain events, that legal proceedings based on those events may be initiated. ...


Allodial title in the United States

Prior to 1774, all land in the American colonies could also be traced to royal grants, usually one grant creating each colony. The original grantee then sold or granted parcels of land within their grant to private citizens and other legal entities. However, when the colonies won the Revolutionary War, they did not want to retain a feudal system of land ownership. The Treaty of Paris (1783), which ended formal hostilities and recognized American independence, also had the effect of ending any residual rights held by the original grantees or the Crown. Essentially, this merely recognized that no person holding land in the new United States owed any allegiance or duty to the Crown or any English noble. There is no specific reference to allodial title in the text of the treaty. Some states created a form of allodial title while others retained the tenurial system with the state as the new ultimate landholder. It has been suggested that this article or section be merged with Colonialism. ... Painting by Benjamin West depicting John Jay, John Adams, Benjamin Franklin, Henry Laurens, and William Temple Franklin. ... The Lords and Barons prove their Nobility by hanging their Banners and exposing their Coats-of-arms at the door of the Lodge of the Heralds. ...


Apart from land that was formally owned at the time of the Revolutionary War, most American landholders can trace their title back to grants by the federal or state governments of land obtained by purchase (Louisiana Purchase, Florida, Alaska), treaty (the Ohio Valley, New Mexico, Arizona, and California), or annexation (Texas, Hawaii). However, in reality, previous grants prior to those territories becoming U.S. possessions were recognized. In fact, in Dartmouth College v. Woodward, the United States Supreme Court ruled a New Hampshire law that attempted to revoke the land grant to Dartmouth College from King George III was unconstitutional. From Frank Bond, Louisiana and the Louisiana Purchase. ... This article or section does not cite its references or sources. ... This article or section does not cite its references or sources. ... Carl D. Perkins Bridge in Portsmouth, Ohio with Ohio River and Scioto River tributary on right. ... Capital Santa Fe Largest city Albuquerque Area  Ranked 5th  - Total 121,665 sq mi (315,194 km²)  - Width 342 miles (550 km)  - Length 370 miles (595 km)  - % water 0. ... Official language(s) English Capital Phoenix Largest city Phoenix Area  Ranked 6th  - Total 113,998 sq mi (295,254 km²)  - Width 310 miles (500 km)  - Length 400 miles (645 km)  - % water 0. ... Official language(s) English Capital Sacramento Largest city Los Angeles Area  Ranked 3rd  - Total 158,302 sq mi (410,000 km²)  - Width 250 miles (400 km)  - Length 770 miles (1,240 km)  - % water 4. ... This article does not use inline citations to cite its references or sources. ... This article or section does not cite its references or sources. ... To meet Wikipedias quality standards, this article or section may require cleanup. ... The Supreme Court Building, Washington, D.C. The Supreme Court Building, Washington, D.C., (large image) The Supreme Court of the United States, located in Washington, D.C., is the highest court (see supreme court) in the United States; that is, it has ultimate judicial authority within the United States... This article does not cite its references or sources. ... Dartmouth College is a private academic institution in Hanover, New Hampshire, in the United States. ... George III (George William Frederick) (4 June 1738 – 29 January 1820) was King of Great Britain and King of Ireland from 25 October 1760 until 1 January 1801, and thereafter King of the United Kingdom of Great Britain and Ireland until his death. ...


Many state constitutions (Wisconsin, Minnesota, New York) refer to allodial title, but only to clearly distinguish it from feudal title, which appears to be illegal throughout the United States. The conditions under which the government can compel the sale of privately-owned real property for public benefit are established by eminent domain laws of either the federal or state governments, respectively. The Fifth Amendment to the United States Constitution requires just compensation for eminent domain compelled sale. The right to tax real estate is preserved in the Constitution though it is a right reserved for the states. In addition, the government powers of police power, and escheat have been retained in the American legal system. In the context of the United States of America, a state constitution is the governing document of a U.S. state, comparable to the U.S. Constitution which is the governing document of the United States. ... This article does not cite its references or sources. ... Capital Saint Paul Largest city Minneapolis Area  Ranked 12th  - Total 87,014 sq mi (225,365 km²)  - Width 250 miles (400 km)  - Length 400 miles (645 km)  - % water 8. ... Official language(s) English de facto Capital Albany Largest city New York City Area  Ranked 27th  - Total 54,520 sq mi (141,205 km²)  - Width 285 miles (455 km)  - Length 330 miles (530 km)  - % water 13. ... The factual accuracy of this article is disputed. ... Eminent domain (US), compulsory purchase (United Kingdom, New Zealand, Republic of Ireland), compulsory acquisition (Australia) or expropriation (Canada, South Africa) in common law legal systems is the lawful power of the state to expropriate private property without the owners consent, either for its own use or on behalf of... Amendment V (the Fifth Amendment) of the United States Constitution, which is part of the Bill of Rights, is related to legal procedure. ... Police power is the power of a state to make laws and to use physical violence in order to coerce its subjects into obeying those laws. ... Escheat is an obstruction of the course of descent and the consequent reversion of property to the original grantor. ...


Misuse of concept of allodial title

Many anti-tax and anti-government groups are convinced that the references to allodial title in state constitutions and (allegedly) the Treaty of Paris give property owners absolute, inalienable title to their property. These people generally fall into several broad groups:


1. Tax protesters. This group denies the right of municipal and state governments to tax property on the basis that allodial title cannot be alienated by failure to pay those taxes. However, most private property is not held in true allodial title. A tax protester is an individual who denies the obligation to pay a tax (for which the government has determined that person is liable) based on a belief that the government is acting outside of its legal authority when imposing such taxes. ... A municipality or general-purpose district (compare with: special-purpose district) is an administrative local area generally composed of a clearly defined territory and commonly referring to a city, town, or village government. ... A state is a set of institutions that possess the authority to make the rules that govern a society, having internal and external sovereignty over a definite territory. ...


2. Mortgageors. Persons who have overextended themselves and face foreclosure often try to create an allodial title. As allodial title cannot be alienated by seizure by a creditor, they claim the foreclosure by the mortgagee is illegal. However, by its nature, allodial title cannot be mortgaged in the first place, and an attempt to create allodial title on land that is subject to encumbrance by debt is impossible. Actually a contract can be created by an owner of allodial property with a mortgagee resulting in the transfer of title under certain circumstances such as default on a loan, thus that land falls out of the allodial title domain as it is essentially jointly owned and governed by contract by both the mortgagee and mortgagor. Once the mortgagee releases the contract as satisfied in full, the ownership reverts entirely back to the owner. There was time when one was considered a fool to mortgage allodial land and thus give up allodial ownership as among other penalties the owner often lost the right of a freeholder to vote. A mortgage is a method of using property (real or personal) as security for the payment of a debt. ... Foreclosure is the legal proceeding in which a bank or other secured creditor sells or repossesses a piece of real property (immovable property) due to the owners failure to comply on its promissory note. ...


3. Anti-Zoning groups. Persons who own agricultural land that faces re-zoning due to encroaching urbanization often claim that zoning laws that control agricultural use of property are illegal as they constitute an encumbrance on allodial title. They claim that only the law of nuisance applies to persons holding allodial title. However, the U.S. Supreme Court court has upheld the constitutionality of zoning laws on a very broad basis, even though such laws all post-date the 1787 Constitution. A typical zoning map; this one identifies the zones, or development districts, in the city of Ontario, California Zoning is a North American term for a system of land-use regulation. ... Nuisance is a common law tort. ... 1787 was a common year starting on Monday (see link for calendar). ...


Schemes to obtain allodial title usually advise property owners to file a deed of allodial title with the local registry office, or to publish a notice of allodial title in a local newspaper. However, neither these or any other method is recognised by U.S. courts, and attempts to assert an allodial title in U.S. courts may be classified as a "frivolous claim".


Limited allodial title

Two states, Nevada and Texas, have created limited allodial title provisions in order to protect property owners from the burden of highly increased property tax burdens which often occur when unincorporated land becomes part of a town or city. However, the Nevada Legislature in 2005 prohibited applications by property owners for allodial title after June 13, 2005. This article does not cite its references or sources. ... This article does not use inline citations to cite its references or sources. ... In North American law, a region of land is unincorporated if it is not a part of any municipality. ...


Nevada allows persons who own and live in single family residences to obtain allodial title on land they own if the land is free of mortgage and tax arrears. Nevada accepts a payment based on an actuarial calculation of the present value of the future property taxes payable given the age of the youngest person who holds title to the property. Once this amount is paid, a certificate of allodial title is granted. Property taxes owing are paid by the state treasurer from the funds paid to obtain the certificate. Allodial title is subject to exemptions from seizure in debt or bankrupty under homestead laws, and the taxes are paid by the state treasurer as long as the original owner remains in the home. However, like the barons under Magna Carta, Nevada law still allows the seizure of property if it is used in a criminal enterprise. The present value of a future cash flow is the nominal amount of money to change hands at some future date, discounted to account for the time value of money. ...


Other institutional property ownership can also be called allodial, in that property granted for certain uses is held absolutely and cannot be alienated in most circumstances. For example, universities and colleges that hold property for educational purposes can be described as having allodial title. In most states, property held by churches for the purpose of worship also has status similar to allodial title. American Indian reservations also share some similarity with allodial title. However, in all these cases, it is also clear that if the title ceases to be used for the purposes for which it was granted, it reverts to the state or the federal government. A university is an institution of higher education and of research, which grants academic degrees. ... A college (Latin collegium) can be the name of any group of colleagues; originally it meant a group of people living together under a common set of rules (con-, together + leg-, law). As a consequence members of colleges were originally styled fellow and still are in some places. ... This article is about the Christian buildings of worship. ... American Indian and Alaskan Natives[1] (term preferred by the majority of people included) are the indigenous peoples within the territory that is now encompassed by the continental United States, including parts of Alaska down to their descendants in modern times. ...


Difficulties with allodial title

Although allodial title cannot be lost in most circumstances, that also means that it cannot be transferred or encumbered without losing its allodial status. As such, when a property owner dies and leaves ownership to more than one heir, the allodial status of the property is lost. Allodial title cannot be mortgaged. Moreover, as liens can't attach to allodial title, it is difficult to finance improvements to a property held in allodial title as once incorporated, the improvements become part of the allodial title and become exempt from lien or seizure of the property to pay a contractor's bill.


Allodial title cannot, in theory, be taken away against the will of the owner. However, an allodial owner can contractually give up allodial ownership and that allodial ownership can be restored or sold or passed on to a single heir. Allodial title cannot be taken away by fraud, only by legitimate contract.


See also

Fee simple, also known as fee simple absolute or allodial, is a term of art in common law. ... Land tenure is the name given, particularly in common law systems, to the legal regime in which land is owned by an individual, who is said to hold the land. ... Generic plan of a mediaeval manor; open-field strip farming, some enclosures, triennial crop rotation, demesne and manse, common woodland, pasturage and meadow Manorialism or Seigneurialism describes the organization of rural economy and society in medieval western and parts of central Europe. ... The Odalsret or Odalsrett is the ancient Norwegian right, when a farm is to be sold, of any member of the family to buy it, consistent with Åsædesret. ... Udal law is a near-defunct Norse derived legal system, which was formerly found in the Shetland islands and Orkney. ... Native title is a concept in the law of Australia that recognises the continued ownership of land by local Indigenous Australians. ... Torrens title is a system of land title where a register of land holdings maintained by the state guarantees indefeasible title to those included in the register. ...

External links

  • Allodial title resources
  • Court case where mortgage holder did not have allodial title recognized by court and sanctions were applied at quatloos.com
  • Nevada Allodial Title

  Results from FactBites:
 
allodial title: Information From Answers.com (2057 words)
Allodial title is inalienable, in that it cannot be taken by any operation of law for any reason whatsoever.
In common legal use, allodial title is used to distinguish absolute ownership of land by individuals from feudal ownership, where property ownership is dependent on relationship to a lord or the sovereign.
Allodial title is subject to exemptions from seizure in debt or bankrupty under homestead laws, and the taxes are paid by the state treasurer as long as the original owner remains in the home.
  More results at FactBites »

 
 

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