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Hugo Grotius, writing in 1625, also stated that discovery does not give a right to sovereignty over inhabited land, “For discovery applies to those things which belong to no one.” [15] By the eighteenth century, however, some writers argued that territorial rights over land could stem from the settlement and cultivation of that land.
Unowned property includes tangible, physical things that are capable of being reduced to being property owned by a person but are not owned by anyone. Bona vacantia (Latin for "ownerless goods") is a legal concept associated with the unowned property, which exists in various jurisdictions, with a consequently varying application, but with origins mostly in English law.
These medieval land terms include the following: a burgage, a plot of land rented from a lord or king; a hide: the hide, from the Anglo-Saxon word meaning "family", was, in the early medieval period, a land-holding that was considered sufficient to support a family. This was equivalent to 60 to 120 acres depending on the quality of the land ...
The legal concept of land tenure in the Middle Ages has become known as the feudal system that has been widely used throughout 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.
The tenancy of a lordship is not to be confused with land ownership. It was an estate in land, not land per se.Although lords of the manor generally owned property within a lordship (often substantial amounts), it was possible for a lord not to own any property at all within his own lordship.
(2) However, this land had to be continuously cultivated. If cultivation was neglected for more than three years, the owner risked losing the land. Although the state could not reclaim it and classify it again as mawat land (Tute: "once miri always miri" [10]), it could classify it as "mahlul" and demand that the owner pay the registration fee ...
In this feudal system, the demesne was all the land retained and managed by a lord of the manor for his own use and support. It was not necessarily all contiguous to the manor house. A portion of the demesne lands, called the lord's waste, served as public roads and common pasture land for the lord and his tenants. [6]
The remaining land was organised into a large number of narrow strips, each tenant possessing a number of disparate strips throughout the manor, as would the manorial lord. Called the open-field system , it was administered by manorial courts , which exercised some collective control. [ 4 ]