Wilson, Ex parte, 255

Woolley v. Colman, 271

Wilson, Re (L R. 1 P. & M. 269), Wormsley's Estate, Re, 293 Worthington, Re, 431

421

Wilson, Re (L. R. 1 P. & M. 582), Worthington v. Morgan, 291

97, line 4 from bottom, dele "of Chancery."

114, note (e), for 40 & 41 Vict. read 44 & 45 Vict.

244, note (r), for 44 & 45 Vict. c. 45, read 44 & 45 Vict. c. 41.

389, note (c), for 14 Geo. II., read 14 Geo. III.

PRINCIPLES OF CONVEYANCING.

INTRODUCTION.

work.

THE object of this work is, first, to present to the Object of the student an elementary view of the various forms of ownership of land which exist at the present day, with their rights and incidents; and, next, to examine the simpler forms of instruments used in transferring land from one person to another.

Land acquired, from an early date, the name of Land known as Real Property. Real Property. For, since it is immovable, the owner of it could always recover the thing (res) itself from any person who had wrongfully deprived him of it; whilst in respect of movable property, such as furniture or money, his only remedy was to bring an action for damages against the person (persona) who had done him the wrong, and such property was, accordingly, distinguished as personal property.

ments.

Land, again, and many kinds of property connected Hereditawith land, are said in legal phrase to consist of hereditaments, because when an owner of them dies without having disposed of them by his will, the law transfers his ownership to a person, selected in accordance with certain fixed rules, who is known as the heir (heres) of the deceased. Hereditaments are of two kinds, Corporeal and Incorporeal. Corporeal Corporeal hereditaments have been defined as those which affect

A

hereditaments.

Incorporeal hereditaments.

Corporeal hereditaments only to be treated of.

Term of years is personal property.

Necessity of an acquaintance

the senses, and may be seen and handled bodily: incorporeal, as those which are not the object of sensation, can neither be seen nor handled, are creatures of the mind, and exist only in contemplation (a). In other words, corporeal hereditaments comprise land, and tangible property annexed to and forming part of land; whilst incorporeal hereditaments consist of rights derived from the ownership of land; such, for example, as the right of presentation to an ecclesiastical benefice, a right of way, and many others. Of these incorporeal hereditaments some will be considered, incidentally, in various parts of this work; but we do not propose, except to that extent, to treat of this particular subject. And since the special way in which a man owns corporeal hereditaments is called (for a reason which will be explained hereafter) his estate in them, it follows that estates in corporeal hereditaments and modes of assurance relating to them are alone to be the direct object of our attention.

There is one form of estate in land which does not in the event of its owner's intestacy go to his heir. This is the limited ownership which arises when a person is entitled to the use of land for a term of years, and which is considered by the law as personal, and not as real, property. Such property is, however, so closely connected with land, that it may be appropriately included amongst the subjects of a work which does not otherwise deal with personal property.

A knowledge of the law relating to estates in land. with the earlier would be insufficient unless accompanied by a slight tenures of land. acquaintance with the causes which brought about a gradual change in their characteristics. These causes can only be ascertained by studying the history of the ownership of land, and of the modifications which from time to time took place in it. The system

(a) 2 Bl. Com. 17.

which now obtains even yet bears marks of its ancient origin: indeed the old rules of real property law are still almost literally preserved in the case of copyholds. We will, consequently, devote our first chapter to a brief inquiry into the earlier modes of tenure, and the way in which they have been modified; by which means we shall also arrive at a knowledge of the different varieties of estates in corporeal hereditaments which exist in our own times.

PART I

OF CORPOREAL HEREDITAMENTS.

tween the present and

of land tenure.

CHAPTER I.

OF THE EARLIER TENURES OF LAND.

Difference be- IT is well known that the system of land tenure which obtains in this country at the present day permits of former systems land being, practically, the subject of absolute property, so that its owner may do as he pleases with it during his lifetime, and dispose of it unrestrictedly by a will to take effect after his death. But in the earlier systems from which our own is derived no such absolute proprietorship was recognised. If a Tenure by the tribe settled down on a tract of country, part of the family. land was distributed in lots amongst the families who composed the tribe, whilst the rest was allowed to remain uncultivated, and formed the common property of all. At first the portion allotted to each family did not belong to it absolutely, but might be taken from it with a view to a fresh distribution of the land amongst the various members of the State (a). In time, however, each family acquired a right to hold its land in perpetuity, the management of the estate, and its ostensible ownership, belonging to the head of the family. But his interest in it did not extend beyond his own lifetime, and he had no power to prevent it from devolving on his descendants after his death. He had, therefore, that which we now call an

(a) See the account of Irish Gavelkind, 3 Hallam, Con. Hist. 458.