Survey
* Your assessment is very important for improving the workof artificial intelligence, which forms the content of this project
* Your assessment is very important for improving the workof artificial intelligence, which forms the content of this project
Quia Emptores, 1290 From the first words of the Statute of Westminister III, cc. 1-3 (18 Edw. 1) meaning “For as much as Purchasers………” Applied to Ireland by Poynings Act, 1495 Feudal Tenure Under the feudal system of tenure all land was held from someone else with the Crown being at the top of the chain of ownership. Land was granted by the Lord (the Grantor) to the Tenant ( the Grantee). The King made grants of land to his Tenants-in-Chief, his most important and loyal supporters and by a process known as sub-infeudation the Tenants-in-Chief made sub-grants out of the land given to them to Mesne Tenants (the middle tier). The Mesne Tenants made sub-sub-grants to a lower level of Tenants in Demesne and so on down the chain. Sub-infeudation ensured that there was no clean break with the Grantor on the purchase of land as the Vendor (Grantor) retained an interest in the land by way of services and incidents due to him. The consent of the lord was also required for the Grantee to make a sub-grant of the land. The Grants of land were made on certain terms and conditions know as services and incidents. These were the precursors of the modern taxes as a means for the Crown to raise revenue. As part of the grant the Grantee had to perform services for the Grantor to them. For example if land was held by the Tenant in Chief from the King under military tenure (Grand Sergentry or Knights Service) the Tenant in Chief would be obliged to provide the King with a certain number of soldiers if called on by the King to do so. The grant of land also imposed certain obligations on the Grantees known as incidents. The following are the main incidents that attached to the lands as an obligation on the Grantee on the disposition of the lands whether by inheritance or sale; Relief – the payment of a fine called “a relief” by an heir on inheriting the estate. Aids Money had to be paid to the Lord on the marriage of his eldest daughter. Money was made available to ransom the lord if required. Money was paid to the lord to help with the lords son becoming a knight Homage – was performed on entry to the estate Wardship – if the heir was minor when the estate was inherited the lord held the lands without accounting for income until the heir reached 21 (male) or 16 (female) Marriage – the lord had the right to dispose of his infant wards in matrimony. Suitors would pay the lord to marry his ward If a male ward refused a suitable match he would forfeit a sum of money equal to the value of the marriage If a female ward refused the lord was entitled to hold her lands until she was 21 or until he had taken the value of the marriage without accounting for profits from the land Escheat – on failure of the tenants heirs the lands reverted to the lord. The lord was also entitled to the lands back under escheat if the tenant was condemned to death or convicted of treason. Significance of the Statute Quia Emptores This Statute established the foundations of one of the basic principles of land law in this jurisdiction i.e. the Rule against Inalienability by: prohibiting further sub-infeudation after the passing of the Statute and dispensing with the requirement to obtain the consent of the superior tenant to dispose of the lands. This was a reflection of the public policy which favoured the alienability of lands without restriction. It led to the break-up of the feudal system of tenure. The abolition of further subinfeudation had the following consequences; most land eventually came to be held directly from the crown. Over time the feudal services due under the system of tenure were replaced by a money payment by way of rent which eventually fell into disuse because it was not indexed and eventually became worthless. The finances to run the country then came not under the system of tenure but through taxes. Prior to Quia Emptores Land was conveyed from one holder to the next by sub-infuedation. The Vendor of the land under subinfeudation retained a connection with the land in the form of services and incidents of the feudal system. The holding in the land could not be sold without the consent of the Superior tenant. Post Quia Emptores Subinfeudation was prohibited except by the King Conveyance of land was by substitution whereby the vendor passed all of his right, title and interest in the lands to the purchaser. The Vendor had no more to do with the land after substitution and the purchaser was responsible for the services and incidents directly to the superior tenant. Court application of the Rule against inalienability – a dilution of the principle Repugnancy to the nature of the estate granted Repugnant to Public Policy In Re Rosher 1884 26 Ch D. 801 – considered that all restrictions were repugnant to the fee simple estate. Free alienation is an essential characteristic of a fee simple estate and any restriction on this must be repugnant to that rule. In Re Macleay (1875) LR 20 Eq. 186 attempt to prevent the ‘sale out of the family’ in a will held to be allowable as only a partial restriction. Property could be mortgaged or leased. In Re Dunne [1988] IR 155 attempt to prevent the property being sold or otherwise conveyed or transferred ‘to any member of the Meredith families of O’Moore’s Forest, Mountmellick.’ Held to be void on public policy grounds - perpetuating old resentments not desirable. In Re Clark [1961] NZLR 635 and In Re Richardson [1988] 3 NIJB 35 authority for the proposition that conveyances to Charitable Trusts are not subject to the rule against holding a fee simple inalienably. Land and Conveyancing Law Reform Bill, 2006 Section 9 – abolishes the feudal concept of tenure The rule against inalienability is preserved