Introduction To History Of Land Law Notes

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History of Land Law

Writ of right patent:

Assize of Windsor and Magna Carta

Petty assizes: 1) Novel disseisin 2) Mort d'ancestor

Writs of entry:

Replevin: Lords enforcing rights to services

Incidents of Tenure 1) Aids 2) Fines on alienation 3) Relief and primer seisin 4) Escheat 5) Customary dues 6) Wardship and marriage

Issues: 1) Mortmain 2) Method of conveyance - substitution and subinfeudation

Solutions: 1) Statute de Viris Religiosis (1279) 2) Quia Emptores

Fee Simple

Protection of widows 1) Dower

Protection of younger sons and daughters 1) Entail 2) Maritagium

Entail 1) Statute de Donis - protects intentions of donors 2) Attempts to bar entails: • Warranty Conveyance • Right of re-entry • Common recovery • Final concord 3) Perpetual settlements not possible

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