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Land trusts have been around at least since Roman times but their clearest history is from the time of King Henry VIII in England.At that time, people used land trusts to hide their ownership of land so they would not have to serve in the military or fulfill other obligations of land ownership.
In 1972, Swann, Hansch, Shimon Gottschalk, and Ted Webster proposed a "new model for land tenure in America" in The Community Land Trust, the first book to name and describe this new approach to the ownership of land, housing, and other buildings. One year later, they changed the name of the International Independence Institute to the Institute ...
In medieval English trust law, the settlor was known as the feoffor to uses, while the trustee was known as the feoffee to uses, and the beneficiary was known as the cestui que use, or cestui que trust . At the time, land ownership in England was based on the feudal system. When a landowner left England to fight in the Crusades, he conveyed ...
A trust may be created by: (1) transfer of property to another person as trustee during the settlor's lifetime or by will or other disposition taking effect upon the settlor's death; (2) declaration by the owner of property that the owner holds identifiable property as trustee; or (3) exercise of a power of appointment in favor of a trustee. [76]
In its second main feature, English land law differs from civil law systems in the European Union, because it allows the separation of the "beneficial" ownership of property from legal title to property. If there is a "trust" of land, then trustees hold legal title, while the benefit, use and "equitable" title might belong to many other people.
The trust was an addition to the law of property, in the situation where one person held legal title to property but the courts decided it was fair just or "equitable" that this person be compelled to use it for the benefit of another. This recognised as a split between legal and beneficial ownership: the legal owner was referred to as a ...