Tenure

Introduction to Tenure

Tenure, in the law of real property of feudal England, the manner in which a person held or owned real property. Under feudalism, the king owned all the land, and his vassals, as tenants, were entitled to hold only those portions of the land allotted by him and only under conditions imposed by him. The vassals, or tenants, in turn divided their lands among others, who became their vassals.

Various forms of tenure were developed for the specific services required of the person holding the land. Feudal tenures were classified either as being free, by which the tenants held land as freeholders, or as being base or nonfree, by which the tenants held land as villeins. The earliest form of the free tenure was that by knight’s service, involving allegiance and military service to the overlord and through him to the king. Later, in lieu of rendering military service, freehold tenants were permitted to make money payments known as scutage to the overlord. Such payments were levied at irregular intervals. Scutage payments were abolished by statute in the reign of Charles II, king of England, and were succeeded by annual payments of a fixed sum, or a certain amount of produce, as rent. Tenants making such payments were then said to hold their land by free and common socage tenure; such tenants took the oath of loyalty to the overlord but were relieved of any military obligations. Tenants holding lands by socage tenure in towns were called burgage tenants.

During the Norman era in England the class of tenants known as villeins were virtually serfs and were required to perform menial services for the lord of the manor in return for their holdings. The villein was considered attached to the manor, could be punished at will by the lord, and could not leave the manor. Such tenure was known as the tenure of villeinage. Subsequently the payment of rent in some form was substituted for menial services, and the rights of the tenant in the land were evidenced by a record made on the rolls of the court of the manor. Such tenants were then called copyhold tenants or copyholders. Copyhold tenure eventually took on the characteristics of freehold estates. The feudal control, by the overlord, of transfers of property by tenants was ended in 1290 by the Statute of Quia Emptores.

In modern times, the concept of tenure primarily applies to the right of educators to be protected from arbitrary dismissal, especially for reasons of political or religious beliefs or affiliations. See Academic Freedom.” (1)

Tenure

Tenure

Introduction to Tenure

Resources

Notes and References

Guide to Tenure

The Legal History of Doctrine of Tenure

Resources

See Also

Further Reading