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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 defence of the land. Most property ownership in common law jurisdictions is fee simple.
This pattern of land-holding was the natural product of William the Conqueror claiming an allodial title to all the land of England following the Norman Conquest of 1066, and parcelling it out as large fees in the form of feudal baronies to his followers, who then in turn subinfeudated (i.e. sub-divided) the lands comprising their baronies into ...
Allodial title is a system in which real property is owned absolutely free and clear of any superior landlord or sovereign. True allodial title is rare, with most property ownership in the common law world (Australia, Canada, Ireland, New Zealand, United Kingdom, United States) being in fee simple.
It was not until the Norman conquest, when William the Conqueror declared himself to be the sole allodial owner of the entire realm, that land tenures changed drastically. [2] In William's kingdom the common exchange and sale of land became restricted and all landholders were made to provide a service to their lord ("no land without a lord"). [3]
The record title holder is not necessarily the actual owner of the land if there are previous unrecorded deeds to it to others. The principal legal theory is that once a person has conveyed the title to his or her property (or some aspect of it) to someone, he or she has nothing left to transfer to any subsequent person.
In the law of the Middle Ages and early modern period, especially within the Holy Roman Empire, an allod (Old Dutch: *alōt, lit. 'fully owned estate', from al 'full, entire' and *ōt 'estate', Medieval Latin allodium), also allodial land or allodium, [1] is an estate in land over which the allodial landowner (allodiary) had full ownership and right of alienation.