Subinfeudation

In English law, subinfeudation is the practice by which tenants, holding land under the king or other superior lord, carved out new and distinct tenures in their turn by sub-letting or alienating a part of their lands.[1][2]

The tenants were termed mesne lords, with regard to those holding from them, the immediate tenant being tenant in capite. The lowest tenant of all was the freeholder, or, as he was sometimes termed, tenant paravail. The Crown, who in theory owned all lands, was lord paramount.[1]

The great lords looked with dissatisfaction on the increase of such subtenures. Accordingly, in 1290 a statute was passed, Quia Emptores, which allowed the tenant to alienate whenever he pleased, but the person to whom he granted the land was to hold it for the same immediate lord, and by the same services as the alienor held it before.[1]

  1. ^ a b c One or more of the preceding sentences incorporates text from a publication now in the public domainChisholm, Hugh, ed. (1911). "Subinfeudation". Encyclopædia Britannica. Vol. 25 (11th ed.). Cambridge University Press. p. 1062.
  2. ^ Sir William Searle (2002). An historical introduction to the land law page 105 to 107. The Lawbook Exchange. ISBN 9781584772620.

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