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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 . In the United States, the land is subject to eminent domain by federal, state and local government, and subject to the imposition of taxes by state and/or ...
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 .
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 ...
Paramount title is not always the best (or highest) title, since it is necessarily based on some other person's title. [ 3 ] [ 4 ] A quiet title action is a lawsuit to resolve with any cloud on title , such as competing claims or rights to real property, for example, missing heirs , tenants , reverters , remainders and lien holders all ...
Allodial title is reserved to governments under a civil law structure. However, the Crown can grant ownership in an abstract entity – called an estate in land – which is what is owned rather than the land it represents.
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.
A deed that is outside the chain of title is called a wild deed. The general rule is that a subsequent purchaser is not held to have constructive notice of a wild deed. In the example, Cooper's title is unprotected against subsequent good faith purchasers. Suppose Atwood were to fraudulently sell the same property to another person, Dunn.
In the United States, all claims of land ownership can be traced back to a land patent, first-title deed, or similar document regarding land previously owned by France, Spain, the United Kingdom, Mexico, the Kingdom of Hawaii, Russia, or Native Americans. Other terms for the certificate that grants such rights include "first-title deed" and ...