Land tenure - wikipedia Land tenure In common law systems, land tenure is the legal regime in which land is owned by an individual, who is said to `` hold '' the land. The French verb `` tenir '' means `` to hold '' and `` tenant '' is the present participle of `` tenir ''. The sovereign monarch, known as The Crown, held land in its own right. All private owners are either its tenants or sub-tenants. Tenure signifies the relationship between tenant and lord, not the relationship between tenant and land. Over history, many different forms of land ownership, i.e., ways of owning land, have been established. A landholder / landowner is a holder of the estate in land with considerable rights of ownership or, simply put, an owner of land. Contents 1 Feudal tenure 2 Modes of ownership and tenure 3 Land tenure in archaeology 4 Land tenure by country 4.1 Canada 4.2 China 4.3 England and Wales 4.4 Ireland 4.5 Scotland 4.6 Angola 5 Importance of tenure today 6 See also 7 References 8 Further reading Feudal tenure Main articles : Fief and Feudal land tenure in England Historically in the system of feudalism, the lords who received land directly from the Crown were called tenants - in - chief. They doled out portions of their land to lesser tenants in exchange for services, who in turn divided it among even lesser tenants. This process -- that of granting subordinate tenancies -- is known as subinfeudation. In this way, all individuals except the monarch were said to hold the land `` of '' someone else. Historically, it was usual for there to be reciprocal duties between lord and tenant. There were different kinds of tenure to fit various kinds of duties that a tenant might owe to a lord. For instance, a military tenure might be by knight - service, requiring the tenant to supply the lord with a number of armed horsemen. The concept of tenure has since evolved into other forms, such as leases and estates. Modes of ownership and tenure There is a great variety of modes of land ownership and tenure : Traditional land tenure. For example, most of the indigenous nations or tribes of North America had differing notions of land ownership. Whereas European land ownership centered around control, Indigenous notions were based on stewardship. When Europeans first came to North America, they sometimes disregarded traditional land tenure and simply seized land, or they accommodated traditional land tenure by recognizing it as aboriginal title. This theory formed the basis for treaties with indigenous peoples. Ownership of land by swearing to make productive use of it. In several developing countries as Egypt, Senegal,... this method is still presently in use. In Senegal, it is mentioned as `` mise en valeur des zones du terroir '' and in Egypt, it is called Wadaa al - yad. Allodial title, a system in which real property is owned absolutely free and clear of any superior landlord or sovereign. True allodial title is rare, with most property ownership in the common law world ( Australia, Canada, Ireland, New Zealand, United Kingdom, United States ) being in fee simple. Allodial title is inalienable, in that it may be conveyed, devised, gifted, or mortgaged by the owner, but it may not be distressed and restrained for collection of taxes or private debts, or condemned ( eminent domain ) by the government. Feudal land tenure, a system of mutual obligations under which a royal or noble personage granted a fiefdom -- some degree of interest in the use or revenues of a given parcel of land -- in exchange for a claim on services such as military service or simply maintenance of the land in which the lord continued to have an interest. This pattern obtained from the level of high nobility as vassals of a monarch down to lesser nobility whose only vassals were their serfs. Fee simple. Under common law, this is the most complete ownership interest one can have in real property, other than the rare Allodial title. The holder can typically freely sell or otherwise transfer that interest or use it to secure a mortgage loan. This picture of `` complete ownership '' is, of course, complicated by the obligation in most places to pay a property tax and by the fact that if the land is mortgaged, there will be a claim on it in the form of a lien. In modern societies, this is the most common form of land ownership. Land can also be owned by more than one party and there are various concurrent estate rules. Native title. In Australia, native title is a common law concept that recognizes that some indigenous people have certain land rights that derive from their traditional laws and customs. Native title can co-exist with non-indigenous proprietary rights and in some cases different indigenous groups can exercise their native title over the same land. Life estate. Under common law, this is an interest in real property that ends at death. The holder has the use of the land for life, but typically no ability to transfer that interest or to use it to secure a mortgage loan. Fee tail. Under common law, this is hereditary, non-transferable ownership of real property. A similar concept, the legitime, exists in civil and Roman law ; the legitime limits the extent to which one may disinherit an heir. Leasehold or rental. Under both common law and civil law, land may be leased or rented by its owner to another party ; a wide range of arrangements are possible, ranging from very short terms to the 99 - year leases common in the United Kingdom, and allowing various degrees of freedom in the use of the property. Rights to use a common, which may include such rights as the use of a road or the right to graze one 's animals on commonly owned land. Sharecropping, under which one has use of agricultural land owned by another person in exchange for a share of the resulting crop or livestock. Easements, which allow one to make certain specific uses of land that is owned by someone else. The most classic easement is right - of - way, but it could also include ( for example ) the right to run an electrical power line across someone else 's land. In addition, there are various forms of collective ownership, which typically take either the form of membership in a cooperative, or shares in a corporation, which owns the land ( typically by fee simple, but possibly under other arrangements ). There are also various hybrids ; in many communist states, government ownership of most agricultural land has combined in various ways with tenure for farming collectives. Land tenure in archaeology In archaeology, traditions of land tenure can be studied according to territoriality and through the ways in which people create and utilize landscape boundaries, both natural and constructed. Less tangible aspects of tenure are harder to qualify, and study of these relies heavily on either the anthropological record ( in the case of pre-literate societies ) or textual evidence ( in the case of literate societies ). In archaeology, land tenure traditions can be studied across the longue durée, for example land tenure based on kinship and collective property management. This makes it possible to study the long - term consequences of change and development in land tenure systems and agricultural productivity. Moreover, an archaeological approach to land tenure arrangements studies the temporal aspects of land governance, including their sometimes temporary, impermanent and negotiable aspects as well as uses of past forms of tenure. For example, people can lay claim to, or profess to own resources, through reference to ancestral memory within society. In these cases, the nature of and relationships with aspects of the past, both tangible ( e.g. monuments ) and intangible ( e.g. concepts of history through story telling ) are used to legitimize the present. Land tenure by country This section needs expansion. You can help by adding to it. ( November 2010 ) Canada Further information : Land ownership in Canada China All land in China is owned by the central government. Enterprises, farmers, and householders lease land from the state using long - term leases of 20 to 70 years. England and Wales For land ownership in England and Wales see Land tenure in England, English land law and History of English land law. Ireland Land and Conveyancing Law Reform Bill, 2006 Scotland crofting aoghairean half - foot Angola Land tenure in Angola Importance of tenure today Although the doctrine of tenure has little importance today, its influence still lingers in some areas. The concepts of landlord and tenant have been recycled to refer to the modern relationship of the parties to land which is held under a lease. It has been pointed out by Professor F.H. Lawson in Introduction to the Laws of Property ( 1958 ), however, that the landlord - tenant relationship never really fitted in the feudal system and was rather an `` alien commercial element ''. The doctrine of tenure did not apply to personalty ( personal property ). However, the relationship of bailment in the case of chattels closely resembles the landlord - tenant relationship that can be created in land. Secure land tenure also recognizes one 's legal residential status in urban areas and it is a key characteristics of slum. Slum dwellers do n't have legal title to the land and thus are usually marginalized and ignored by the local governments. See also Alienated land Allodial Apertura feudi Eminent domain Feudalism Fiefdom Flexible Land Tenure System ( Namibia ) Homestead principle Land grabbing Landed gentry Landed nobility Landed property Land reform Land trust Lord Paramount Manorialism Mesne lord Open field system Precaria Quia Emptores Rights and Resources Initiative Squatting Title ( property ) History of English land law References Jump up ^ `` Till to Tiller : Linkages between international remittances and access to land in West Africa ''. www.fao.org. Retrieved 2017 - 07 - 19. Jump up ^ `` National Geographic Magazine -- NGM.com ''. ngm.nationalgeographic.com. Retrieved 2017 - 07 - 19. Jump up ^ http://www.nntt.gov.au/What-Is-Native-Title/Pages/What-is-Native-Title.aspx Jump up ^ Stuart Leavenworth and Kiki Zhao ( May 31, 2016 ). `` In China, Homeowners Find Themselves in a Land of Doubt ''. The New York Times. Retrieved June 1, 2016. All land in China is owned by the government, which parcels it out to developers and homeowners through 20 - to 70 - year leases. Jump up ^ http://www.oireachtas.ie/documents/bills28/bills/2006/3106/b3106.pdf Jump up ^ Field, E. ( 2005 ). `` Property rights and investment in urban slums ''. Journal of the European Economic Association. 3 ( 2 - 3 ) : 279 -- 290. doi : 10.1162 / jeea. 2005.3. 2 - 3.279. Further reading John Baker, An Introduction to English Legal History ( 3rd edition ) 1990 Butterworths. ISBN 0 - 406 - 53101 - 3 Property By owner Common Common land Communal land Community Cooperative Private Public State Crown property Crown land By nature Croft Intangible Intellectual indigenous Personal Tangible immovable real Common resources Common - pool resource Digital Global Information Knowledge Theory Bundle of rights Commodity fictitious commodities Common good ( economics ) Excludability First possession appropriation homestead principle Free rider problem Game theory Georgism Gift economy Labor theory of property Law of rent rent - seeking Legal plunder Natural rights Ownership common customary self state Property rights primogeniture usufruct women 's Right to property Rivalry Tragedy of the commons anticommons Applications Acequia ( watercourse ) Ejido ( agrarian land ) Forest types Inheritance Land tenure Property law alienation easement restraint on alienation real estate title Rights Air Fishing Forest - dwelling ( India ) Freedom to roam Grazing pannage Hunting Land aboriginal indigenous squatting Littoral Mineral Bergregal Right of way Water prior - appropriation riparian Disposession / redistribution Bioprospecting Collectivization Eminent domain Enclosure Eviction Expropriation Farhud Forced migration population transfer Illegal fishing Illegal logging Land reform Legal plunder Piracy Poaching Primitive accumulation Privatization Regulatory taking Slavery bride - buying human trafficking wage wife selling Tax inheritance poll progressive property Theft Scholars ( key work ) Frédéric Bastiat Ronald Coase Henry George Garrett Hardin David Harvey John Locke Two Treatises of Government Karl Marx Marcel Mauss The Gift John Stuart Mill Elinor Ostrom Karl Polanyi The Great Transformation Pierre - Joseph Proudhon What Is Property ? David Ricardo Murray N. Rothbard The Ethics of Liberty Jean - Jacques Rousseau The Social Contract Adam Smith The Wealth of Nations Categories : Property Property law by country Retrieved from `` https://en.wikipedia.org/w/index.php?title=Land_tenure&oldid=792290544 '' Categories : Common law Real property law English legal terminology Property law Land tenure Hidden categories : Articles to be expanded from November 2010 All articles to be expanded Articles using small message boxes Talk Contents About Wikipedia Català Dansk Deutsch Ελληνικά Español Esperanto Euskara Galego Հայերեն हिन्दी Bahasa Indonesia Norsk Norsk nynorsk Português Română Svenska Edit links This page was last edited on 25 July 2017, at 17 : 33. Text is available under the Creative Commons Attribution - ShareAlike License ; additional terms may apply. By using this site, you agree to the Terms of Use and Privacy Policy. 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Question: name the most common type of land tenure in australia
Answer: fee simple