Ottumwa tri-weekly courier. [volume] (Ottumwa, Iowa) 1903-1916, 1914-02-19
TRACE TERMS USED
W|THREAL ESTATE
FEUDAL SYSTEM OF OLDEN DAYS
GAVE RISE TO MANY WORDS
NOW IN PRACTICAL USE.

Only one in hundred persons
knows the true meaning of real es-
tate" according to E. B. Tyrell, evecu-
tive secretary of the Detroit real estate
board, who goes back to the old feud-
al system to trace the edrivation Of
terms now in common use.
In an interesting definition Of the
"estate TAIL" fee simple an dother
phrases, Mr.. Tyrrell said:
The words real estate are Of such
common usage that practically every
one believes he knows what they mean
and yet if asked to give their dehni-
ton probably ninety-nine out of every
hundred would give the wrong reply.
We think of real estate as the prop
erty itself, the land, the buildings, etc.
but in reality it is only an interest we
have in the land, buildings, etc. TO eX-
Eplain what l mean, will go back to the
old feudal system of England.
Upon his accession to the throne OF
England William of Normandy brought
about the feudal system of land owner
ship. Under this system the ownership
Of all lands was vested in the king.
These lands were then distributed
among the chiefs or barons, provided
they swore allegiance to the king.
These barons then parceled out the
lands allotted to them to their adher-
ents or followers, who in return there
for performed services to their barons
or lords. When land was so conveyed
it was called a feud, fief or fee. Here,
then we get the word fee which now
means an estate of inheritance but
which at that time was only an estate
for life.
"The estate of theb aron was divided
into four parts. called 'manors' after
reserving for the lord or baron such
parts as he desired for himself. One
of these four parts was reserved Tor
the tenants from whom he expected
military service, for it must be remem-
bered that this was time when the
barons were frequently called upon to
take up arms for the king. This part
was called proper feud.
The second part was reserved for
those who were to give to the lord in
return a part of the crops, or to pillow
and work that part reserved for the
lord This part was called 'socage ten
ure' A third part was reserved for
the lords Williams species of the ag-
ricultural slave quite common under
the feudal system, and who were re-
uuired to do the mental services upon |
the manor.
The fourth part was the waste land,
woodland and meadow, from which the
tenants secured their wood and on
which they pastured their cattle. The
Villains or slaves possessed only what
were known as copeland estates
while the others, being free men, had
what were known as freehold estates,
These freehold estates were at last an
estate for life, but upon the death of
the tenant reverted back to the baron
or lord.
"In the charters of the American col
onies it was expressly provided that /
the lands shall be held by the tenure
of free and common socage and not by |
knight service so we can say that at ,
an early day feudal tenures existed in I
this country to limited extent.
"a fee was originally considered to |
be the grant of an estate for life. Al
forwards lands were granted to one
or his heirs forever At first this es-
tate could not be sold, and in case
there were no heirs reverted back to
the lord. Later the right to sell was
given with the consent of the lord. and
presumptive heir. Finally free right !
to sell was given by statute to all es-
tates in fee. y
"a fee or fee simple as it Is now ;
understood is the highest estate known
to law and is absolute so far as it is
possible to have an absolute estate. 1t !
being understood that strictly speaking
there is no such thing as absolute own
ership in land. The right of eminent |
domain which is the right of the state
to appropriate lands for public use,
prevents this"