Topic
Leasehold estate
About: Leasehold estate is a research topic. Over the lifetime, 1589 publications have been published within this topic receiving 21480 citations. The topic is also known as: leasehold & tenancy.
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01 Jan 1969
TL;DR: The new economic conditions caused two major changes in this situation: a large amount of peasant land was withdrawn from the area of custom and was turned into leasehold; and customary tenure itself, without being legally enfranchised, is once more found without the taint of servility and becomes copyhold, liable to be held not merely by free men but by gentry as mentioned in this paper.
Abstract: NOW servile villeinage was historically rooted in customary tenure. The new economic conditions caused two major changes in this situation. First, a large amount of peasant land was withdrawn from the area of custom and was turned into leasehold. Secondly, customary tenure itself, without being legally enfranchised, is once more found without the taint of servility and becomes copyhold, liable to be held not merely by free men but by gentry.
1 citations
01 Jan 2009
TL;DR: In this paper, the authors provide an analysis of these decisions to ascertain the contemporary "state of play" in the law applying to severance of a joint tenancy, and the cases allow for the opportunity to examine in more depth the nature of joint tenancy itself and the concept of alienation as a means of severance.
Abstract: In recent years, the higher courts in Queensland have had the opportunity to revisit the effect of severance on a joint tenancy. The cases allow for the opportunity to examine in more depth the nature of joint tenancy itself, and the concept of alienation as a means of severance of joint tenancy. This article provides an analysis of these decisions to ascertain the contemporary 'state of play' in the law applying to severance of a joint tenancy.
A joint tenancy is characterised by the four unities - of possession, interest, title and time! – together with the right of survivorship. Given this characterisation, severance of a joint tenancy represents a fundamental change in the nature of the co-ownership. In particular, the destruction of the right of survivorship through severance will by definition change the potential of each co-owner to hold the whole of the estate in severalty upon the death of the other co-owners. The nature of the common ownership of a joint tenancy, and the potential that it carries, can be adjusted by converting, or severing, the joint tenancy to create a tenancy in common. Unlike a joint tenancy, a tenancy in common is characterised by each tenant holding a distinct interest in the property; the shares may be in different proportions.
1 citations
1 citations