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The theory of tenure requires that all land that is held for any estate shall be held of a lord. It was on this premise that the relationship of landlord and tenant

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Introduction

INTRODUCTION This paper discusses in detail the statement that The theory of tenure requires that all land that is held for any estate shall be held of a lord. It was on this premise that the relationship of landlord and tenant for a term of years that had no place in the old feudal land law was brought into the category of estates and came to be based upon tenure. A lease is construed as both a contract and an estate. Today, it is the only form of tenure that retains any practical importance.1 With the aid of barons, William the Duke of Normandy invaded and conquered England in 1066. He became William I. All land belonged to the crown. One quarter was treated by William as personal property and the rest was leased out under strict conditions. The country was split into manors which were given to Barons by the King. In return the Baron and his Knights had to serve on the royal Grand Council, pay various dues and provide the King with military service when required. The Baron kept as much land as he wished for his own use, then distributed the rest among his Knights who were thereby bound to meet the Baron's military needs, when either he or the King called for them. The knights in turn allocated sections of their lands to villeins (serfs) who had to provide free labour and food and service whenever, with or without warning, it was demanded. ...read more.

Middle

The consideration in the contract is usually but not always the payment of rent. Rent is regarded as a contractual payment for the use of the land. Many have defined the word "rent" and it is taken to include the performance of services. In Knights case (1588) 5 Co.Rep.54b at 55a. it was settled that there can be a valid lease even though no rent is payable. The consideration furnished by the tenant may include * the payment of a premium; remission of interest on a debt owed to him by the landlord; * his undertaking to perform the covenants in the lease; * the mere acceptance of the lease by the tenant. Like a contract, a lease may be frustrated. In National Carriers Ltd v Panalpina (Northern) Ltd (1981) AC.A675 In Hussein v Mehlman (1992) 2 E.G.L.R 87 the tenant treated the lease as at an end because of landlord's failure to carry out repairing obligations. Furthermore, the courts are willing to imply terms in the lease as they do for contracts. The court will set aside a lease induced by fraud of one of the parties as was held in the case of Killick v Roberts(1991) 1 W.L.R. 1146. Under the Statute of Frauds 1677 a contract for the sale or other disposition of land or any interest in land is unenforceable unless evidenced in writing or by a sufficient act of part performance. ...read more.

Conclusion

What the subject owns is a series of rights and duties in relation to that piece of land. Understandably lawyers have given a name to the interest in land which the subject holds, and that name is an 'estate in land'. So the land belongs to the Crown and the subject owns an estate in the land, which gives him certain rights in relation to it. Thus a freehold owner is said to 'hold land of the Crown'. At one time it was usual for an estate owner to render services to the Crown in return for the right to use the land, but these services are now performed only in the rarest of cases and tend to be regarded as an honor rather than as an obligation (for example, the duty to supply a pair of gloves for the monarch to wear at his coronation). The relationship between the freehold owner and the Crown is called 'tenure' (from the Latin word 'tenere' which means 'to hold'). At one time there were many types of freehold tenure, classified according to the nature of the services to be rendered by the estate owner. Today only one of these forms of tenure remains and that is called 'free and common socage'. For all practical purposes the doctrine of tenure has little modern significance, and most freehold owners are completely unaware of their tenurial relationship with the Crown. In the case of leasehold property, the relationship between a landlord and his tenant is also one of tenure, although it usually involves the payment of rent rather than the performance of services. ...read more.

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