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NeCede's

Maxim 5.2.12

Allodial land is that possessed by a man in his own right, free and absolute, owing no rent or service to any superior.

Allodium est praedium liberum ab omni servitio.

Source: 2 Bl. Comm. 104; 3 Kent, Comm. 495; 4 Kent, Comm. 2; Barker v. Dayton, 28 Wis. 367, 377; Weisman, 70p Difficulty 2/5 — Approachable

Explanation

In America, all land is held in allodium — the citizen owns in his own right, free of feudal obligation, and no government officer is his landlord.

Where this applies

  • A county demands annual 'land-use fees' from a homeowner as a condition of keeping his property — the homeowner objects that in America, land is held in allodium, free and absolute, and no government is his feudal landlord collecting rent.
  • A state attempts to impose a recurring 'ground lease' payment on rural landowners, treating them as tenants on their own soil — the owners cite the allodial nature of American land ownership, which means they hold their property free of any service to a superior.
  • A municipality conditions a building permit on the owner's agreement to grant the city a perpetual easement — the owner argues this is a feudal-style exaction incompatible with allodial ownership, where the citizen holds his land in his own right, owing no tribute.

Legal domains

See also

Cite this maxim

NeCede Max. 5.2.12 — Allodial land is that possessed by a man in his own right, free and absolute, owing no rent or service to any superior. — 2 Bl. Comm. 104; 3 Kent, Comm. 495; 4 Kent, Comm. 2; Barker v. Dayton, 28 Wis. 367, 377; Weisman, 70p (Allodium est praedium liberum ab omni servitio.)

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