1066 was a long time ago, so I suppose we should all forgive William The Conqueror for invading and we could even be persuaded to turn a blind eye to whoever fired the arrow at King Harold?
What is not so easy to forgive though is William the Conqueror’s bright idea to buy loyalty, help raise funds and support his armies. Basically, he needed the noblemen of the country to be on side to maintain him in power. He could do this by granting such people land,
In return for this land, the noblemen would give William a sum of money every year.
That in itself is fine, but what were the noblemen to do with this land?
Clearly farming was a priority, so they could let peasants use the land to farm, which they could either pay for or agree that if the noblemen ever needed to supply men for an army for William they would enlist.
These feudal land tenures were known as a Fief and hence a Fee was paid. The more successful peasants could earn extra income by allowing poorer peasants to farm some of the land. The noblemen owned the land, which could be passed on to the next generation (which was known as Fee Simple) while the peasants could use the land, but could never own it.
Freehold and Leasehold were born!
In later years, instead of just farming, properties would be come to be built on freehold land, on the principles set up by William all those years ago.
So William, if you are reading this in your grave in Rouen, the mess leaseholders are in now is down to you! (And the developers)
Related posts:
Leasehold is a feudal legacy past its time
Views of Tory MP Crispin Blunt: Government should ‘nullify’ ground rents. End ‘feudal’ leasehold. Bring in commonhold. And stop developers’ and solicitors’ ‘unconscionable’ cheating of the naïve
Bellway offers young mother freehold for £3,750. But Adriatic Land demands £12,750 … then agrees to half the sum
Guardian reports ‘breakthrough’ deal from Countryside … Pressure on Taylor Wimpey also to offer freeholds
‘Cameron’s brother-in-law Will Astor and the toxic leasehold scandal’, Daily Mail
I believe there were forms of leasehold dating back to Roman times (and probably earlier in Persia probably). I understand leasehold became a lot more common after the great plague which led to labour shortages and skills were in demand. Many estate workers were leased land to develop in the 17th century. However if any body thinks that The Cadogan Estate, The City of London, The Crown Estate, The Grosvenor Estate, The Howard de Walden Estate or The Portman Estate are going to give this up you are mistaken. They`ll have you shot.
The Statute of Quia Emptores, 1290
From the first words of the Statute of Westminister III, cc. 1-3 (18 Edw. 1) meaning “For as much as Purchasers………”
Abolished subinfeudation ; no more fuedalisim…. An Estate in Fee Simple in Possession free from Incumbrances means the whole lot. Therefore if one has that in their Lease, it means after all monies (considered) sum has been paid it’s the Lessees. Not many Leases carry this but those that do will be ignored – why? Because it removes their licence to print money, especially if this is also linked to Redemption of hte 1st Charge in the whole of the land as placed by the original Lender and that same Lender is retained throughout the life of the Debt with the original Lease of which they may well have drafted in the day. This ofcourse can be negated via Consenting Connivance by not disclosing another parties Vested Interest – the original Lessee with a Formal Lease ; a Contract made by Deed under Seal for a long Lease.
Hi
Those on average wages or below that are forced into Leasehold property do not have money needed to stand up to Freeholders.
These two examples highlight a need for a Leaseholder Fund to dispute issues.
A Council i know that Leases property I felt were overpricing on major works that I believe became necessary due to the Pro Active Maintenance that the council profess to carry out not being carried out. resulting in neglect.
The prejudicial proceedure of arranging tenders that financially benefit The Council with their 15% Admin Charge and those that are connected with the work force.
I phoned a Solicitor and was told I need £6000 + to take a issue to the Tribunal
Its just not possible for me, or I should imagine hardly anyone. who is a leaseholder.
And the Councils and Freeholders knmow that.
Considring the number of Leaseholders is it not beyond a possibillity to raise enough money to take the Freeholders to task.