Laserfiche WebLink
'Allodial title -Wikipedia, the free encyclopedia Page 1 of 5 <br />.. , <br />EXHIBIT <br />Allodial title g b <br />From Wikipedia, the free encyclopedia. <br />Allodial title is a concept in some systems of property law. It describes a situation where real property (i.e., land, <br />buildings and fixtures) is owned free and clear of any encumbrances, including liens, mortgages and tax <br />obligations. Allodial title is inalienable, in that it cannot be taken by any operation of law for any reason <br />whatsoever. True allodial title is rare, with most property ownership in the common law world -primarily, the <br />United Kingdom, the United States, Canada, Australia and New Zealand - is described more properly as being <br />in fee simple. In particular, in the nations recognising Elizabeth II as sovereign, land is said to be "held of the <br />Crown" In common legal use, allodial title is used to distinguish absolute ownership of ]and by individuals from <br />feudal ownership, where property ownership is dependent on relationship to a lord or the sovereign. Webster's <br />first dictionary says allodium is "land which is absolute property of the owner, real estate held in absolute <br />independence, without being subject to any rent, service, or acknowledgement to a superior. It is thus opposed to <br />Jeud. In England, there is no allodial land, all land being held of the king; but in the Uni[ed States most lands are <br />allodial." <br />Property owned under allodial title is referred [o as allodial land or allodium. <br />Contents <br />^ 1 Legal concept <br />^ 2 Development of equitable title <br />^ 3 Proof of ownership <br />^ 4 The Treaty of Paris <br />^ 5 Misuse of concept of allodial title <br />^ 6 Limited allodial title <br />^ 7 Difficulties with allodial title <br />^ 8 See also <br />^ 9 External links <br />Legal concept <br />Under early British common law, all land was held to belong to the sovereign. Any other interest in real property <br />had to Flow from a grant of land from the sovereign, usually in return for feudal obligations, such as agreeing to <br />supply military assistance to the king on demand, or payment in lieu of military assistance. In England, the <br />sovereign would generally give large land grants to Dukes, who would themselves grant land to lower nobles, <br />down to the lowest type of person with actual title in land, the Esquires. The majority of the population were <br />usually tenants or serfs of the Esquires, Knights and Lords. <br />However, as the sovereign's demands for military assistance or taxes in lieu grew, minor nobility, particularly <br />those at the level of baron, found themselves increasingly in feaz of losing their lands. This was particularly a <br />problem during the reign of King John "Lackland", who was particularly notorious for seizing large estates and <br />taking their income directly into the crown's treasury. Indeed, this was one of the major complaints that was <br />addressed in Magna Carta. As a result of Magna Carta, legal protections were put in place that prevented the <br />sovereign from seizing land without cause, usually treason against the sovereign. <br />In addition, the Catholic Church in England wanted exemption from taxation from their own estates, and <br />protection from seizure by the Crown. This was of particular importance in the case of nobility who died without <br />http://en.Wikipedia.org/wiki/Allodial_title 11/9/2005 <br />