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Simple English definitions for legal terms
surrender of copyhold
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A quick definition of surrender of copyhold:
A surrender of copyhold is when a tenant gives up their rights to a piece of land to the lord of the manor, who then gives those rights to someone else. This used to be done by giving a symbol like a rod or glove to the steward of the manor. Copyhold was a type of land tenure where the tenant had to do certain services for the lord of the manor. This type of tenure was abolished in 1922. A privileged copyhold was a type of copyhold that was not affected by the current lord's rules.
A more thorough explanation:
Definition: Surrender of copyhold refers to the transfer of a copyhold estate by a tenant to the lord of the manor, who holds it in trust for the transferee according to the terms in the surrender. The tenant would typically deliver a rod, a glove, or other customary symbol to the steward of the manor, conveying all interest and title to the estate to the lord, who would then grant it to the transferee.
Example: John is a tenant of a copyhold estate. He wishes to transfer the estate to his son, James. John goes to the steward of the manor and delivers a rod, symbolizing the surrender of the estate. The lord of the manor then holds the estate in trust for James, who is granted the estate by the lord.
This example illustrates how a surrender of copyhold works in practice. The tenant surrenders the estate to the lord, who then grants it to the transferee.
Definition: Copyhold is a base tenure that requires the tenant to provide the customary services of the manor, as reflected in the manor's court rolls. The customs of the manor dictate what services a lord can demand from a copyholder. This type of tenure was abolished by the Law of Property Act of 1922, which converted copyhold land into freehold or leasehold land.
Example: Mary is a copyholder of a piece of land. She is required to provide certain services to the lord of the manor, as specified in the manor's court rolls. However, when the Law of Property Act of 1922 comes into effect, Mary's copyhold land is converted into freehold land.
This example illustrates how copyhold tenure worked and how it was abolished by the Law of Property Act of 1922.
Definition: Privileged copyhold refers to a copyhold that is subject only to the customs of the manor and not affected by the nonconforming dictates of the current lord.
Example: William is a privileged copyholder of a piece of land. He is only subject to the customs of the manor and not affected by any nonconforming dictates of the current lord. This means that William's rights as a copyholder are protected, and he can continue to enjoy his land without interference from the lord.
This example illustrates how privileged copyhold worked and how it protected the rights of copyholders.