§ 8.01 The Estates System [79-80]

 

In law, a person does not “own” land; rather, she owns certain legally-enforceable rights concerning the land, either in the form of an estate or a future interest.

 

§ 8.02 Defining “Estate” and “Future Interest” [80]

 

A present estate (usually abbreviated as estate) is a legal interest that entitles its owner to the immediate possession of real or personal property.  A future interest is a legal interest that does not currently entitle its owner to immediate possession, but that may become a present estate in the future.

 

§ 8.03 Property Law in Feudal England [80-85]

 

                        [A]       The Feudal Foundation

 

The English property law system can be traced to the Norman Conquest of 1066.  When William the Conqueror became the King of England, he redistributed land to his supporters in order to protect his reign from foreign and domestic opposition.

 

                        [B]       Feudal Tenures

 

Over time, the system imposed by King William resulted in two types of landholdings: free tenures (held by the nobles and upper classes) and unfree tenures (held by peasants).  The free tenures were by far the more important category, and formed the foundation for the modern system of land ownership.  One who held land from the king in a free tenure owed both service and incidents in return.  The required service might be to provide a specified number of knights on demand, to make an annual payment, or to perform another action.  The incidents were specific rights; for example, the incident of wardship allowed the king to take possession of the land after the holder’s death until the orphaned son reached age 21.

 

                        [C]       Subinfeudation

 

Each person or tenant holding from the king could create subtenures with others through subinfeudation.  Thus, one parcel of land could be the subject of many different tenures.  Over time, as services became less valuable (e.g., knights were rendered obsolete by changes in war technology), the feudal incidents became much more important.  However, the tenant could circumvent the incidents through subinfeudation.  The resulting pressure produced the 1290 Statute of Quia Emptores, which abolished subinfeudation but, in return, authorized each tenant to substitute another in his stead without the overlord’s consent.  Accordingly, it became possible to freely transfer land ownership to others.      

 

§ 8.04 Property Law in Post-Feudal England [85-88]

 

As feudalism declined, the system of free tenures gradually evolved into private ownership of land, in the form of three key estates: the life estate, the fee tail, and the fee simple, discussed in Chapter 9.  But to what extent could an owner burden an estate with future interests?  Between 1500 and 1700, a series of common law restrictions were adopted that curtailed future interests, discussed in Chapter 14.

 

§ 8.05 Estates in Land in the Early United States [88-89]

 

Upon independence, the states largely adopted the English rules governing estates and future interests, but only to the extent consistent with local American conditions.  Over time, this led to major alternations in the English system, including the abolition of fee tail.

 

§ 8.06 Trends in Modern Law Governing Estates in Land [90]

 

Today most land in the United States is held in the most basic estate, fee simple absolute.  The other estates, and the future interests that accompanied them under English law, are increasingly irrelevant.