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37-464: The Lordship Hage was mentioned for the frist time in 1198. It was part of the Barony of Breda  [ nl ] . The haag (hedge) that gives the name, was a fenced area that served as a hunting ground for the lords of Breda. In 1261 the village on Mertersem (the later Princenhage) became an independent parish. In 1328, Mertersem received a bench of aldermen. Until 1796 the village was governed by

74-453: A fee simple or fee simple absolute is an estate in land , a form of freehold ownership. A "fee" is a vested, inheritable, present possessory interest in land. A "fee simple" is real property held without limit of time (i.e., permanently) under common law , whereas the highest possible form of ownership is a "fee simple absolute", which is without limitations on the land's use (such as qualifiers or conditions that disallow certain uses of

111-465: A life estate , although this is uncommon. In the United States, life estates are most commonly used either to grant someone use of the property for the remainder of that person's life in a will, or by a grantor to reserve the right to continue using the property for the remainder of the grantor's life after it is sold. The right to ownership of the property after the death of the life estate owner

148-459: A tax deduction for the gift of their remainder interest in the property, and at the donor's death, the property passes to the organization without being subject to probate . Retained life estate gifts often involve agreements about acceptable uses of the property, payment of real estate taxes, property maintenance, etc. during the donor's lifetime. If previous grantors of a fee simple estate do not create any conditions for subsequent grantees, then

185-426: A crown vassal, often a confidant or as a reward for military service or political support. The crown vassal—e.g. a count or duke — thus exercised all or part of the sovereign's royal authority. In turn the crown vassal granted rights to the mesne lords. Because a fief originated out of a bond between vassal and lord for military service, vassalage was personal not heritable. With the advent of professional armies,

222-425: A park), the estate will automatically terminate and revert to the grantor or the grantor's estate; this is called a fee simple determinable. If the grantor uses language such as "but if alcohol is served", then the grantor or the heirs have a right of entry if the condition occurs, but the estate does not automatically revert to the grantor; this is a fee simple subject to a condition subsequent. In most jurisdictions in

259-446: A seignory were a feudal oath of homage and fealty ; a "quit" or "chief" rent ; a "relief" of one year's quit rent, and the right of escheat . In return for these privileges the lord was liable to forfeit his rights if he neglected to protect and defend the tenant or did anything injurious to the feudal relation. In England , every seignory now existing must have been created before the statute Quia Emptores (1290), which forbade

296-417: A specified event happens, the estate may become void or subject to annulment. There are two types of defeasible estates: fee simple determinable and the fee simple subject to a condition subsequent. If the grantor uses durational language in the condition such as "to A. as long as the land is used for a park", then upon the happening of the specified event (in this case if the land is used for anything other than

333-525: A specified term, such as in an estate for years . A fee also could be limited through the method of its inheritance, such as by an "entailment", which created a fee tail . Traditionally, fee tail was created by words of grant such as "to N. and the male heirs of his body", which would restrict those who could inherit the property. If no heirs could be found, then the property would revert to the original grantor's heirs. Most common law countries have abolished entailment by statute. An estate in fee simple denotes

370-454: A symbolic payment to his lord. The same ceremony was held when a manor was sold. If there was no direct descendant, other blood relatives could exercise their right of laudatio parentum , which grants them a right of first refusal and explains how lordships were able to be kept in the same families for centuries. The tenancy of a lordship is not to be confused with land ownership. It was an estate in land , not land per se . Although lords of

407-554: A territorial ruler — such as a duke , a margrave , a count , a prince , a prince-elector or a prince-bishop — who exercised a number of sovereign rights over them, including high justice, taxation and military conscription. However, several lordships were immediate , having gained that coveted status usually at some time during the Middle Ages. The lords of a small number of those immediate lordships, often imperial knights , eventually succeeded in having themselves raised to

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444-464: Is a stub . You can help Misplaced Pages by expanding it . Lordship A lordship is a territory held by a lord . It was a landed estate that served as the lowest administrative and judicial unit in rural areas. It originated as a unit under the feudal system during the Middle Ages . In a lordship, the functions of economic and legal management are assigned to a lord, who, at the same time,

481-413: Is called the remainder estate . In England and Wales fee simple is the only freehold estate that remains; a life estate can only be created in equity and is not a right in property. In the United States, retained life estates are often used by donors who intend to leave property as bequests to charitable organizations while retaining the use of the property during their lifetimes. The donor receives

518-453: Is not endowed with indispensable rights and duties of the sovereign . A Lordship in its essence is clearly different from the fief and, along with the allod , is one of the ways to exercise the right. Nulle terre sans seigneur ("No land without a lord") was a feudal legal maxim ; where no other lord can be discovered, the Crown is lord as lord paramount . The principal incidents of

555-540: The allodium of all land in England, meaning that it was the ultimate "owner" of all land in the past feudal era. Allodial title is reserved to governments under a civil law structure. However, the Crown can grant ownership in an abstract entity – called an estate in land – which is what is owned rather than the land it represents. The fee simple estate is also called "estate in fee simple" or "fee-simple title", or sometimes simply "freehold" in England and Wales. From

592-423: The United States these concepts have been modified by statute. Fee simple determinable was generally preferred by courts in the common law of the early United States. Recently, that trend has reversed, and most courts in the United States will find a fee simple subject to condition subsequent in situations where the conveying document's language is unclear. The claim that no rent or similar obligations are due from

629-402: The deed or will must state "to B and his heirs". Anything short of those words transferred a smaller estate. Modern deeds usually follow a standardized form. There is a presumption that the testator intends to convey his or her property in fee simple unless the will indicates an intention to transfer a smaller estate, such as a life estate. Many jurisdictions retain the possibility of creating

666-403: The future creation of estates in fee-simple by subinfeudation . The only seignories of any importance at present are the lordships of manors . They are regarded as incorporeal hereditaments , and are either appendant or in gross. A seignory appendant passes with the grant of the manor; a seignory in gross—that is, a seignory which has been severed from the demesne lands of the manor to which it

703-502: The grantor if the condition fails; this is a fee simple conditional . The word "fee" is related to the term fief , meaning a feudal landholding. Feudal land tenures existed in several varieties, most of which involved the tenant having to supply some service to his overlord, such as knight-service (military service). If the tenant's overlord was the king, grand serjeanty , then this might require providing many different services, such as providing horses in time of war or acting as

740-538: The inhabitants of 's-Gravenhage (The Hague) , which stands for ""The Count's Hedge" . They only had a count while Princenhage had a prince. Several ancestors and relatives of the Dutch painter Vincent van Gogh and his brother Theo van Gogh are buried in the Haagveld cemetery. 51°34′N 4°44′E  /  51.567°N 4.733°E  / 51.567; 4.733 This North Brabant location article

777-478: The king's ceremonial butler. These fiefs gave rise to a complex relationship between landlord and tenant, involving duties on both sides. For example, in return for receiving his tenant's fealty or homage , the overlord had a duty to protect his tenant. When feudal land tenure was abolished, all fiefs became "simple", without conditions attached to the tenancy. In English common law, the Crown had radical title or

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814-401: The land or subject the vested interest to termination). The rights of the fee-simple owner are limited by government powers of taxation , compulsory purchase , police power , and escheat , and may also be limited further by certain encumbrances or conditions in the deed , such as, for example, a condition that required the land to be used as a public park, with a reversion interest in

851-510: The manor generally owned property within a lordship (often substantial amounts), it was possible for a lord not to own any property at all within his own lordship. Also, when agricultural land was held by a lord in the Low Countries, the amount held was smaller in comparison to other countries. Lordship conferred a set of manorial rights. Most German lordships were mediate , which meant that their lords and inhabitants owed allegiance to

888-400: The manor, and by s. 21 (v.) the purchase of the seignory of any part of settled land being freehold land, is an authorized application of capital money arising under the act. The lordships came into being as a result of the feudal system, in particular the sovereign's delegated judicial prerogative. The crown, as lord paramount, granted the right to govern and to exercise judicial authority to

925-449: The maximum ownership in land that can be legally granted; it is the greatest possible aggregate of rights, powers, privileges and immunities available in land. The three hallmarks of the fee simple estate are that it is alienable , devisable and descendible . Rules requiring words of general inheritance to create fee simple by conveyance have been abolished by statute in the United States. To convey an estate in fee simple at common law,

962-580: The municipality Breda. The Northern part with the village “ Beek ” (brook) became an independent municipality that was named Prinsenbeek later on. The city district of the Haagse Beemden partly owes its name to the lordship Hage. In 1819 the prefix "Princen" was added. . Possibly referring to the Prince of Orange , since 1538 the Lord of Breda. There is an anecdote that the people of Princenhage mocked

999-464: The owner of property in fee simple is only partially true. For example, a rentcharge may exist requiring a freeholder to pay a fixed sum of money closely resembling rent, and many jurisdictions have created financial obligations that may be imposed on a freehold estate. England and Wales impose an estate charge . In the United States , fee simple owners are usually subject to property tax and

1036-402: The property during their lifetime and typically have a say in determining who gets to own an interest in the property after their death. Historically, estates could be limited in time. Common temporal limitations include life estate , a land ownership that terminates upon the grantee's (or another person's) death even if the land had been granted to a third party, or a term of years, a lease for

1073-408: The property's common areas; however, these are generally treated legally as covenants running with the land (contracts binding on the possessors of real property) imposing an affirmative duty to pay money rather than as rent for property held in fee simple. Fee – A right in law to the use of land; i.e. a fief . Simple – in the unconstrained sense: The English word fee ultimately goes back to

1110-477: The revenue generated is directed to the municipality's general fund. Other local tax assessments called "special purpose taxes" may be assessed in addition to the property taxes for specific purposes such as infrastructure improvements. Real estate owned as a condominium is usually similarly owned in fee simple, but typically subject to rules in the declaration of condominium or created by the condominium association, such as paying required monthly fees for maintaining

1147-414: The sale of fee simple estates. William Blackstone defined fee simple as the estate in land that a person has when the lands are given to him and his heirs absolutely, without any end or limit put to his estate. Land held in fee simple can be conveyed to whomsoever its owner pleases; it can also be mortgaged or put up as security. Owners of real property in fee simple have the privilege of interest in

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1184-473: The sheriff a seven aldermen. In the same year the parish of Beek split off. Princenhage was an independent municipality sins the 19th century. Frist as “Haage” with a large territory in the northwest and southwest of Breda. Gradually the territory lost pieces to the growing Breda. When the municipality’s were rearranged, during World War II in 1942, the Southern part and the village Princenhage were added to

1221-484: The start of the Norman period, when feudalism was introduced to England, the tenant or "holder" of a fief could not alienate (sell) it from the possession of his overlord. However, a tenant could separate a parcel of the land and grant it as a subordinate fief to his own sub-tenant, a process known as sub-enfeoffing or " subinfeudation ". The 1290 Statute of Quia Emptores abolished subinfeudation and instead allowed

1258-598: The status of count ( Graf ) or prince ( Fürst ) and recognized as imperial estates with a seat and vote at the Imperial Diet . Seventeenth-century jurists began to designate those immediate lordships, as well as the more important territories of imperial knights as baronia , and after them the custom was established in Germany to call them Baronie or Baronat (French: baronnie , English: barony ) and their owners barons . Fee simple In English law ,

1295-415: The title is called fee simple absolute . A fee simple absolute is the highest estate permitted by law, and it gives the holder full possessory rights and obligations now and in the future. Other fee simple estates in real property include fee simple defeasible (or fee simple determinable ) estates. A defeasible estate is created when a grantor places a condition on a fee simple estate (in the deed ). When

1332-407: The vassalage bond fell into disuse or was replaced by scutage ; however, vassalage remained personal. One of the consequences of this was that, on the death of the vassal, the fief escheated to the lord. The vassal's heir was able to retain the heerlijkheid through the commendation ceremony , the process of paying homage and swearing fealty officiated at the head manor court . The new vassal made

1369-467: Was originally appendant—must be specially conveyed by deed of grant. Freehold land may be enfranchised by a conveyance of the seignory to the freehold tenant, but it does not extinguish the tenant's right of common ( Baring v. Abingdon , 1892, 2 Ch. 374). By s. 3 (ii.) of the Settled Land Act 1882, the tenant for life of a manor is empowered to sell the seignory of any freehold land within

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