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78 Pages • Complete Study Notes • Year: Pre-2021
2015 Introduction - Doctrine of estates could not provide the sole basis of land law in England. - Social and economic conditions were changing - Necessary to consider some of the stringent conditions placed on the freeholder, which led the freeholder to consider alternative ways of dealing with his or her interest. Disadvantages of CL Rules relating to conveyancing - Must be public and formal – must be in writing - The effective enforcement of feudal dues depended upon the lord who had the right to collect the dues knowing exactly who was seized of the land. Inability to dispose of estate by will - CL did not permit a freeholder to dispose of an estate by will. - The estate automatically passed to the heir and any purported disposition by will to another person had no effect. - Although the freeholder could alienate the interest during his or her lifetime, this method did not aid the freeholder who wished to retain the estate up until death. - Further, if the fee simple holder died without an heir then the land will be transferred to the state. Feudal burdens - Tax – freeholder were subjected to heavy feudal dues. - Most burdensome feudal dues were payable upon the death of the freeholder
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