Lands

English Law: Lands in the Past

According to the English law, all lands are held mediately or immediately from the king, as lord paramount and supreme proprietor of all the lands in the kingdom. Co. Litt. 1 b, 65 a; 2 Bl. Com. 105.

Developments

The ancient law about warranties of land was full of subtleties and intricacies; it occupied the attention of the most eminent writers on the English law and it was declared by Lord Coke, that the learning of warranties was one of the most curious and cunning learnings of the law; but it is now of little use even in England (see more about this legal system). The warranty was a covenant real, wnow the grantor of an estate of freehold and his heirs, were bound to warrant the title; and either upon voucher or judgment in, a writ of warrantia chartae, to yield other lands to the value of those from which there had been an eviction by paramount title Co. Litt. 365; Touchst.; 181 Bac. Ab. h. t.; the heir of the warrantor was bound only on condition that he had, as assets, other lands of equal value by descent. [1][rtbs name=”history-of-english-law”]

Resources

Notes and References

1. Partialy, this information about lands is based on the Bouvier´s Law Dictionary, 1848 edition. There is a list of terms of the Bouvier´s Law Dictionary, including lands.

See Also