Maxim 5.2.16
Tenure is a compact contrary to the common nature of the fee, put into a contract.
Tenor est pactio contra communem feudi naturam ac rationem in contractu interposita.
Source: Wright, Ten. 21; Jackson
Difficulty 2/5 — Approachable
Explanation
Tenure modifies the natural freedom of the fee by imposing conditions of service or obligation — it is an artificial arrangement that restricts what would otherwise be absolute ownership.
Where this applies
- A medieval lord grants a knight a parcel of land on the condition that the knight provide forty days of military service each year — this tenure arrangement restricts what would otherwise be the knight's absolute ownership by imposing feudal obligations.
- A colonial governor grants a settler land on the condition that he pay an annual quitrent to the Crown — this tenure converts free ownership into a conditional holding burdened by perpetual obligation to a superior.
- A modern homeowner discovers that his property is subject to an old ground-rent obligation requiring annual payments to a private party — this tenure-like arrangement imposes a feudal-style condition on what the owner expected to be free and clear ownership.
Legal domains
Cite this maxim
NeCede Max. 5.2.16 — Tenure is a compact contrary to the common nature of the fee, put into a contract. — Wright, Ten. 21; Jackson (Tenor est pactio contra communem feudi naturam ac rationem in contractu interposita.)
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