Who Really Owns My Land
Discussion
Question for legal chappies or those that are well versed in British Contitutional matters, or indeed tyhose who have no idea but want to have their say 
I own my land/property freehold, someone on another debate board has claimed that all land in Britain is actually owned by the crown and can be taken back at anytime. i apprecaite that my land could be taken under a compulsory purchase order for road building, but find it hard to believe taht I do not really own my land.
I have searched for info on this and have found the following
[i]"Freehold" is a term used in real estate, meaning land held in fee simple, as opposed to leasehold, which is land which is leased; see also allodial
Fee simple is an estate in land in common law. It is the most common way real estate is owned in common law countries, and is ordinarily the most complete ownership interest that can be had in real property short of allodial title, which is often reserved for governments. Fee simple ownership represents absolute ownership of real property but it is limited by the four basic government powers of taxation, eminent domain, police power, and escheat and could also be limited by certain encumbrances or a condition in the deed.
And this
In English common law theory, the Crown has radical title or the allodium of all land in England, meaning that it is the ultimate "owner" of all land. However, the Crown can grant an abstract entity—called an estate in land—which is what is owned. The fee simple estate is also called "estate in fee simple" or "fee-simple title" and sometimes simply freehold in England and Wales. In the early Norman period, the holder of an estate in fee simple could not sell it, but instead could grant subordinate fee simple estates to third parties in the same parcel of land, a process known as "subinfeudation." The Statute of Quia Emptores adopted in 1290 abolished subinfeudation and instead allowed the sale of fee simple estates[/i]
from that I read that at one time all land was owned by the crown but that from 1290 freehod could be issued and so the land was owned by the purchaser.
Am I wrong ??
I own my land/property freehold, someone on another debate board has claimed that all land in Britain is actually owned by the crown and can be taken back at anytime. i apprecaite that my land could be taken under a compulsory purchase order for road building, but find it hard to believe taht I do not really own my land.
I have searched for info on this and have found the following
[i]"Freehold" is a term used in real estate, meaning land held in fee simple, as opposed to leasehold, which is land which is leased; see also allodial
Fee simple is an estate in land in common law. It is the most common way real estate is owned in common law countries, and is ordinarily the most complete ownership interest that can be had in real property short of allodial title, which is often reserved for governments. Fee simple ownership represents absolute ownership of real property but it is limited by the four basic government powers of taxation, eminent domain, police power, and escheat and could also be limited by certain encumbrances or a condition in the deed.
And this
In English common law theory, the Crown has radical title or the allodium of all land in England, meaning that it is the ultimate "owner" of all land. However, the Crown can grant an abstract entity—called an estate in land—which is what is owned. The fee simple estate is also called "estate in fee simple" or "fee-simple title" and sometimes simply freehold in England and Wales. In the early Norman period, the holder of an estate in fee simple could not sell it, but instead could grant subordinate fee simple estates to third parties in the same parcel of land, a process known as "subinfeudation." The Statute of Quia Emptores adopted in 1290 abolished subinfeudation and instead allowed the sale of fee simple estates[/i]
from that I read that at one time all land was owned by the crown but that from 1290 freehod could be issued and so the land was owned by the purchaser.
Am I wrong ??
Gassing Station | The Pie & Piston Archive | Top of Page | What's New | My Stuff