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Tenant entitled to present Profit of Land.

Tenant entitled to Possession

41

54

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AN

OUTLINE OF THE LAW

OF

TENURE AND TENANCY.

OF TENURE.

SECTION I.

Ir is proposed, in the following pages, to give an outline of some of the chief principles of the law of tenure and tenancy, applicable to legal tenancies of land of freehold tenure.

All the land in England, excepting crown land, not tenanted, is owned by its proprietors, subject to the law of tenure (a). It is a feudal (b) tenure, and a branch of the feudal system, established by the Germans in many of the Roman provinces, on the decline of the empire (c). By the theory of that system, the whole of a territory which the Germans conquered, immediately became, in a qualified manner, the property of their general, who was intrusted with the important prerogative, to divide the land, as he pleased, amongst himself and followers (d). In effect, the parting

(a) Co. Litt. 1. a. 65. a.
(c) 2 Bl. C. 45.

B

(b) Harg. Co. Litt. 65. a. (1).

(d) Ibid. Wright, Ten. 7.