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Oxford Scholarship Online
Uses, Wills, and Fiscal Feudalism University Press Scholarship Online Oxford Scholarship Online The Oxford History of the Laws of England: Volume VI 1483–1558 John Baker Print publication date: 2003 Print ISBN-13: 9780198258179 Published to Oxford Scholarship Online: March 2012 DOI: 10.1093/acprof:oso/9780198258179.001.0001 Uses, Wills, and Fiscal Feudalism Sir John Baker DOI:10.1093/acprof:oso/9780198258179.003.0035 Abstract and Keywords This chapter examines property law related to uses, wills, and fiscal feudalism in England during the Tudor period. It discusses the conflict between landlords and tenants concerning land use, feoffment, and land revenue. The prevalence of uses therefore provoked a conflict of interests which could not be reduced to a simple question of revenue evasion. This was a major problem because during this period, the greater part of the land of England was in feoffments upon trust. Keywords: fiscal feudalism, land use, feoffments, property law, tenants, wills, landlords ANOTHER prolonged discussion, culminating in a more fundamental and far-reaching reform, concerned another class of tenant altogether, the tenant by knight-service. Here the debate concerned a different aspect of feudal tenure, the valuable ‘incidents’ which belonged to the lord on the descent of such a tenancy to an heir. The lord was entitled to Page 1 of 40 PRINTED FROM OXFORD SCHOLARSHIP ONLINE (www.oxfordscholarship.com). (c) Copyright Oxford University Press, 2014. All Rights Reserved. Under the terms of the licence agreement, an individual user may print out a PDF of a single chapter of a monograph in OSO for personal use (for details see http://www.oxfordscholarship.com/page/privacy-policy). -
Proposed Residential Development, Hardy C1534
Proposed Residential Development, Hardy Street, Kimberley C1534 - Transport Assessment Proposed Residential Development Hardy Street Kimberley Transport Assessment Appendices HSP Consulting Engineers Ltd Lawrence House Meadowbank Way Eastwood Nottingham NG16 3SB www.hspconsulting.com Date Author Checked Approved Revision Status 24.06.14 C. Brooks L.A. Baker H.S. Pratt - Issue 21.07.14 C. Brooks L.A. Baker H.S. Pratt A Issue This document is available electronically please contact the author to obtain a copy. 1 Proposed Residential Development, Hardy Street, Kimberley C1534 - Transport Assessment Appendices 28 Proposed Residential Development, Hardy Street, Kimberley C1534 - Transport Assessment Appendix A Transport Assessment Scoping Study 29 Proposed Residential Development, Hardy Street, Kimberley C1534 - Transport Assessment Scoping Study Proposed Residential Development Former Brewery Kimberley Transport Scoping Study HSP Consulting Engineers Ltd Lawrence House Meadowbank Way Eastwood Nottingham NG16 3SB www.hspconsulting.com Date: 17/06/2013 Author C.Brooks Checked L.A.Baker Approved H.S.Pratt Report Ref No. C1534/CB/SS Revision - Status ISSUE This document is available electronically please contact the author to obtain a copy. 1 Proposed Residential Development, Hardy Street, Kimberley C1534 - Transport Assessment Scoping Study Contents 1.0 Introduction .............................................................................................................................. 3 2.0 Existing Situation ..................................................................................................................... -
Future Interests in Property in Minnesota Everett Rf Aser
University of Minnesota Law School Scholarship Repository Minnesota Law Review 1919 Future Interests in Property in Minnesota Everett rF aser Follow this and additional works at: https://scholarship.law.umn.edu/mlr Part of the Law Commons Recommended Citation Fraser, Everett, "Future Interests in Property in Minnesota" (1919). Minnesota Law Review. 1283. https://scholarship.law.umn.edu/mlr/1283 This Article is brought to you for free and open access by the University of Minnesota Law School. It has been accepted for inclusion in Minnesota Law Review collection by an authorized administrator of the Scholarship Repository. For more information, please contact [email protected]. MINNESOTA LAW REVIEW FUTURE INTERESTS IN PROPERTY IN MINNESOTA "ORIGINALLY the creation of future interests at law was greatly restricted, but now, either by the Statutes of Uses and of Wills, or by modern legislation, or by the gradual action of the courts, all restraints on the creation of future interests, except those arising from remoteness, have been done away. This practically reduces the law restricting the creation of future interests to the Rule against Perpetuities,"' Generally in common law jurisdictions today there is but one rule restricting the crea- tion of future interests, and that rule is uniform in its application to real property and to personal property, to legal and equitable interests therein, to interests created by way of trust, and to powers. In 1830 the New York Revised Statutes went into effect in New York state. The revision had been prepared by a commis- sion appointed for the purpose five years before. It contained a code of property law in which "the revisers undertook to re- write the whole law of future estates in land, uses and trusts .. -
DRAFT Greater Nottingham Blue-Green Infrastructure Strategy
DRAFT Greater Nottingham Blue-Green Infrastructure Strategy July 2021 Contents 1. Introduction 3 2. Methodology 8 3. Blue-Green Infrastructure Priorities and Principles 18 4. National and Local Planning Policies 23 5. Regional and Local Green Infrastructure Strategies 28 6. Existing Blue-Green Infrastructure Assets 38 7. Blue-Green Infrastructure Strategic Networks 62 8. Ecological Networks 71 9. Synergies between Ecological and the Blue-Green Infrastructure Network 89 Appendix A: BGI Corridor Summaries 92 Appendix B: Biodiversity Connectivity Maps 132 Appendix C: Biodiversity Opportunity Areas 136 Appendix D: Natural Environment Assets 140 Appendix D1: Sites of Special Scientific Interest 141 Appendix D2: Local Nature Reserves 142 Appendix D3: Local Wildlife Sites 145 Appendix D4: Non-Designated 159 1 Appendix E: Recreational Assets 169 Appendix E1: Children’s and Young People’s Play Space 170 Appendix E2: Outdoor Sports Pitches 178 Appendix E3: Parks and Gardens 192 Appendix E4: Allotments 199 Appendix F: Blue Infrastructure 203 Appendix F1: Watercourses 204 2 1. Introduction Objectives of the Strategy 1.1 The Greater Nottingham authorities have determined that a Blue-Green Infrastructure (BGI) Strategy is required to inform both the Greater Nottingham Strategic Plan (Local Plan Part 1) and the development of policies and allocations within it. This strategic plan is being prepared by Broxtowe Borough Council, Gedling Borough Council, Nottingham City Council and Rushcliffe Borough Council. It will also inform the Erewash Local Plan which is being progressed separately. For the purposes of this BGI Strategy the area comprises the administrative areas of: Broxtowe Borough Council; Erewash Borough Council; Gedling Borough Council; Nottingham City Council; and Rushcliffe Borough Council. -
Dickinson Law Review - Volume 21, Issue 1
Volume 21 Issue 1 1-1916 Dickinson Law Review - Volume 21, Issue 1 Follow this and additional works at: https://ideas.dickinsonlaw.psu.edu/dlra Recommended Citation Dickinson Law Review - Volume 21, Issue 1, 21 DICK. L. REV. 1 (2020). Available at: https://ideas.dickinsonlaw.psu.edu/dlra/vol21/iss1/1 This Article is brought to you for free and open access by the Law Reviews at Dickinson Law IDEAS. It has been accepted for inclusion in Dickinson Law Review by an authorized editor of Dickinson Law IDEAS. For more information, please contact [email protected]. Dickinson Law Review VOL. XXI OCTOBER, 1916 No. 1 BUSINESS MANAGERS EDITORS John D. M. Royal, '17 Henry M. Bruner, '17 Lawrence D. Savige, '17 Edward H. Smith, '17 John H. Bonin, '17 William Lurio, '17 Joseph C. Paul, '18 Ethel Holderbaum, '18 Subscription $1.60 per annum, payable in advance WALLACE vs. EDWIN HARMSTAD, 44 PA. 492 In 1838 Arrison sold to four brothers Harmstad four adjoining lots, reserving out o2 each a yearly rent of !$60, payable half-yearly, in January and July. Each grantee, entered on his lot and built a house on it. The deeds were executed in duplicate each being signed by both parties. A part of the bargain was that the rents might be redeemed at any time. In the deeds was a blank with respect to the time of redemption, which was explained by Arrison as meaning that there was no limit of time. Some time after the delivery of the deeds, they were procured by Ar- rison for the alleged purpose of having them recorded, and while out of the possession of the Harmstads the blanks were filled with the words, "within ten years from the date thereof," making redemption after ten years impos- sible. -
07R Standards Appendix
Electoral Division Councillor Amount £ Hucknall 1 Baron 500.00 Hucknall 1 Baron 1,000.00 Hucknall 1 Baron 350.00 Hucknall 1 Baron 150.00 Hucknall 1 Baron 2,500.00 Hucknall 1 Total 4,500.00 Hucknall 2 Shaw 300.00 Hucknall 2 Shaw 250.00 Hucknall 2 Shaw 300.00 Hucknall 2 Shaw 200.00 Hucknall 2 Shaw 2,500.00 Hucknall 2 Total 3,550.00 Hucknall 3 Smedley N 350.00 Hucknall 3 Smedley N 2,500.00 Hucknall 3 Total 2,850.00 Kirkby North Knight 1,500.00 Kirkby North Knight 1,000.00 Kirkby North Total 2,500.00 Kirkby South Davidson 200.00 Kirkby South Davidson 462.00 Kirkby South Davidson 225.00 Kirkby South Total 887.00 Selston Taylor Joan 162.56 Selston Taylor Joan 150.00 Selston Taylor Joan 1,200.00 Selston Taylor Joan 150.00 Selston Taylor Joan 300.00 Selston Taylor Joan 300.00 Selston Taylor Joan 424.00 Selston Taylor Joan 150.00 Selston Taylor Joan 750.00 Selston Taylor Joan 500.00 Selston Total 4,086.56 Sutton Central Llewellyn-Jones 400.00 Sutton Central Llewellyn-Jones 500.00 Sutton Central Llewellyn-Jones 400.00 Sutton Central Llewellyn-Jones 400.00 Sutton Central Total 1,700.00 Sutton East Carroll 2,000.00 Sutton East Carroll 1,015.64 Sutton East Carroll 1,000.00 Sutton East Carroll 135.00 Sutton East Carroll 400.00 Sutton East Total 4,550.64 Sutton North Anthony 500.00 Sutton North Anthony 300.00 Sutton North Anthony 400.00 Sutton North Total 1,200.00 Sutton West Kirkham 10,000.00 Sutton West Kirkham 120.90 Sutton West Kirkham 1,757.70 Sutton West Kirkham 100.00 Sutton West Kirkham 75.00 Sutton West Kirkham 705.00 Sutton West Kirkham 400.00 -
Trust and Fiduciary Duty in the Early Common Law
TRUST AND FIDUCIARY DUTY IN THE EARLY COMMON LAW DAVID J. SEIPP∗ INTRODUCTION ............................................................................................. 1011 I. RIGOR OF THE COMMON LAW ........................................................... 1012 II. THE MEDIEVAL USE .......................................................................... 1014 III. ENFORCEMENT OF USES OUTSIDE THE COMMON LAW ..................... 1016 IV. ATTENTION TO USES IN THE COMMON LAW ..................................... 1018 V. COMMON LAW JUDGES AND LAWYERS IN CHANCERY ...................... 1022 VI. FINDING TRUST IN THE EARLY COMMON LAW ................................. 1024 VII. THE ATTACK ON USES ....................................................................... 1028 VIII. FINDING FIDUCIARY DUTIES IN THE EARLY COMMON LAW ............. 1034 CONCLUSION ................................................................................................. 1036 INTRODUCTION Trust is an expectation that others will act in one’s own interest. Trust also has a specialized meaning in Anglo-American law, denoting an arrangement by which land or other property is managed by one party, a trustee, on behalf of another party, a beneficiary.1 Fiduciary duties are duties enforced by law and imposed on persons in certain relationships requiring them to act entirely in the interest of another, a beneficiary, and not in their own interest.2 This Essay is about the role that trust and fiduciary duty played in our legal system five centuries ago and more. -
CENTENARY INDEX to the TRANSACTIONS of the THOROTON SOCIETY of NOTTINGHAMSHIRE Volumes 1 - 100 1897-1997
CENTENARY INDEX To the TRANSACTIONS OF THE THOROTON SOCIETY of NOTTINGHAMSHIRE Volumes 1 - 100 1897-1997 Together with the THOROTON SOCIETY RECORD SERIES Volumes I - XL 1903-1997 and the THOROTON SOCIETY EXCAVATION SECTION Annual Reports1936-40 Compiled by LAURENCE CRAIK ã COPYRIGHT THOROTON SOCIETY AND COMPILER ISBN 0 902719 19X INTRODUCTION The Thoroton Society began to publish the 'Transactions' in 1897. This volume is intended as an Centenary index to all material published in the 'Transactions' from 1897 to 1996, to the contents of the Record Series volumes published from 1903 to 1997, and to the reports of the Excavation Section published between 1936 and 1940. Earlier indexes were published in 1951 and 1977; these are now superseded by this new Centenary index. Contents The index is in two parts: an author index, and an index to subjects, periods, and places. AUTHOR: this lists articles under the names of their authors or editors, giving the full title, volume number and page numbers. Where an article has more than one author or editor, it is listed by title under the name of each author or editor, with relevant volume and page numbers. SUBJECT: The contents of articles are indexed by subject and by place; topics of archaeological importance are also indexed by period. Cross-references are used to refer the enquirer from one form of heading to another, for example 'Abbeys' see ' Monastic houses', or from general headings such as 'Monastic houses' to the names of individual buildings. Place-names in the index are often followed by sub-headings indicating particular topics. -
Historical Review
THE ENGLISH HISTORICAL REVIEW NO. XX.—OCTOBER 1890 Downloaded from Northumbrian Tenures http://ehr.oxfordjournals.org/ N the thirteenth century there might be found inNorthumbria— I by which name I intend to include our five northernmost counties—certain tenures of land bearing very ancient names; there were still thegns holding in thegnage and drengs holding in drengage. These tenures, though common enough in the north, seem to have given the lawyers at Westminster a great deal of trouble by refusing to fit neatly into that scheme of holdings—frankalmoign, knight's at Johns Hopkins University on June 9, 2015 service, serjeanty, socage, villeinage—which was becoming the classical, legal, scheme. Were they military tenures or were they not ? They had features akin to those of serjeanty, other features akin to those of socage; nor were there wanting yet other features which according to some generally accepted rules would have been deemed to be marks of villeinage. I propose to collect here a little of what may be learnt about them. And in the first place let us remark that in Northumbria the duty of military service occasionally appears under a very antique name; it is still ' the king's utware.' • When a man is making a feoffment, it is of course a very common thing that besides reserving some service to be done to himself, he should also stipulate that the feoffee should discharge the service which the land owes to any overlords that there may be, and in particular the service, usually military service, that it owes to the king. -
Quia Emptores, Subinfeudation, and the Decline of Feudalism In
QUIA EMPTORES, SUBINFEUDATION, AND THE DECLINE OF FEUDALISM IN MEDIEVAL ENGLAND: FEUDALISM, IT IS YOUR COUNT THAT VOTES Michael D. Garofalo Thesis Prepared for the Degree of MASTER OF SCIENCE UNIVERSITY OF NORTH TEXAS August 2017 APPROVED: Christopher Fuhrmann, Committee Chair Laura Stern, Committee Member Mickey Abel, Minor Professor Harold Tanner, Chair of the Department of History David Holdeman, Dean of the College of Arts and Sciences Victor Prybutok, Dean of the Toulouse Graduate School Garofalo, Michael D. Quia Emptores, Subinfeudation, and the Decline of Feudalism in Medieval England: Feudalism, it is Your Count that Votes. Master of Science (History), August 2017, 123 pp., bibliography, 121 titles. The focus of this thesis is threefold. First, Edward I enacted the Statute of Westminster III, Quia Emptores in 1290, at the insistence of his leading barons. Secondly, there were precedents for the king of England doing something against his will. Finally, there were unintended consequences once parliament passed this statute. The passage of the statute effectively outlawed subinfeudation in all fee simple estates. It also detailed how land was able to be transferred from one possessor to another. Prior to this statute being signed into law, a lord owed the King feudal incidences, which are fees or services of various types, paid by each property holder. In some cases, these fees were due in the form of knights and fighting soldiers along with the weapons and armor to support them. The number of these knights owed depended on the amount of land held. Lords in many cases would transfer land to another person and that person would now owe the feudal incidences to his new lord, not the original one. -
The Origins of Property in England Robert C
College of William & Mary Law School William & Mary Law School Scholarship Repository Faculty Publications Faculty and Deans 1985 The Origins of Property in England Robert C. Palmer Repository Citation Palmer, Robert C., "The Origins of Property in England" (1985). Faculty Publications. 901. https://scholarship.law.wm.edu/facpubs/901 Copyright c 1985 by the authors. This article is brought to you by the William & Mary Law School Scholarship Repository. https://scholarship.law.wm.edu/facpubs The Origins of Property 1n England Robert C. Palmer The English common law of real property, as S.F.C. Milsom has argued, took shape between 1153 and 1215. 1 The common law gave royal protection to free tenements, replacing feudal relationships as the primary bond structuring society. The law thus constituted the institutional core of the Robert C. Palmer is the Adler Fellow of the Institute of Bill of Rights Law and Assistant Professor of Law at the Marshall-Wythe School of Law, The College of William and Mary. Various versions of this paper have been given, notably at the University of Chicago Law School, the New York University seminar in law and history, and the Sixth British Legal History Conference. The criticisms at those meetings have proved uniformly helpful. This article was written with the aid of a summer research grant from the National Endowment for the Humanities. I would like to thank Kathleen Crotty, my research assistant at Marshall Wythe. I. The short forms for frequently cited works, primary and secondary respectively, are the following: Bracton: Henry de Bracton, De Legibus et Consuetudinibus Angliae, ed. -
The Phenomenon of Substitution and the Statute Quia Emptores
View metadata, citation and similar papers at core.ac.uk brought to you by CORE provided by Saint Louis University School of Law Research: Scholarship Commons Saint Louis University Law Journal Volume 46 Number 3 Teaching Property (Summer 2002) Article 12 5-1-2002 The Phenomenon of Substitution and the Statute Quia Emptores Ronald Benton Brown Nova Southeastern University Law Center Follow this and additional works at: https://scholarship.law.slu.edu/lj Part of the Law Commons Recommended Citation Ronald B. Brown, The Phenomenon of Substitution and the Statute Quia Emptores, 46 St. Louis U. L.J. (2002). Available at: https://scholarship.law.slu.edu/lj/vol46/iss3/12 This Teaching Important Property Concepts is brought to you for free and open access by Scholarship Commons. It has been accepted for inclusion in Saint Louis University Law Journal by an authorized editor of Scholarship Commons. For more information, please contact Susie Lee. SAINT LOUIS UNIVERSITY SCHOOL OF LAW THE PHENOMENON OF SUBSTITUTION AND THE STATUTE QUIA EMPTORES* RONALD BENTON BROWN** I. INTRODUCTION Law students generally think that American property law is a confusing mix of unconnected, inconsistent and nearly incomprehensible rules. In fact, an overview of property law reveals a recurring pattern. In numerous situations, a successor in title takes the place of his or her predecessor regarding rights and responsibilities that are related to ownership of that land. That process is called substitution because the successor is substituted for the predecessor regarding those rights and responsibilities. But sometimes substitution happens automatically and other times it happens only if that is the parties’ intent.