Gavelkind was a peculiar system of land tenure associated chiefly with the county of Kent, but found also in other parts of England. Land tenure is the name given particularly in Common law systems to the legal regime in which land is owned by an individual who is said to "hold" the land KENT (1400 AM) is a Radio station broadcasting a Adult Standards/MOR format England is a Country which is part of the United Kingdom. Its inhabitants account for more than 83% of the total UK population whilst its mainland Its inheritance pattern bears resemblance to Salic patrimony and as such might testify in favour of a wider, probably ancient Germanic tradition. Salic Patrimony or inheritance or land property refers to Clannish possession of Real estate property particularly in
In Kent all land was presumed to be held by this tenure until the contrary is proved, but some lands have been disgavelled by particular statutes. It is more correctly described as socage tenure, subject to the custom of gavelkind. Socage was one of the feudal duties and hence Land tenure forms in the feudal system. The chief peculiarities of the custom were the following:
- A tenant can alienate his lands by feoffment at fifteen years of age. Alienation, in Property law, is the capacity for a piece of property or a property right to be sold or otherwise transferred from one party to another Under the system of Feudalism, a fiefdom, fief, feud, feoff, or fee, often consisted of inheritable lands or revenue-producing
- There is no escheat on attainder for felony, or as it is expressed in the old rhyme, "The father to the bough/The son to the plough. Escheat is a Common law doctrine that operates to ensure that property is not left in limbo and ownerless In English Criminal law, attainder or attinctura is the metaphorical 'stain' or 'corruption of blood' which arises from being condemned for a serious Capital In Common law legal systems a felony is a serious Crime, often contrasted with a Misdemeanor. "
- Generally the tenant could always dispose of his lands by will. In Common law, a will or testament is a document by which a person (the Testator) regulates the rights of others over his or her Property
- In case of intestacy the estate descends not to the eldest son but to all the sons (or, in the case of deceased sons, their representatives) in equal shares. Intestacy is the condition of the estate of a person who dies owning property greater than the sum of his or her enforceable debts and funeral expenses without having made a An estate is the Net worth of a person at any point in time It is the sum of a person's Assets - legal rights interests and entitlements to Property of Every son is as great a gentleman as the eldest son is. It is to this remarkable peculiarity that gavelkind no doubt owes its local popularity. Though females claiming in their own right are postponed to males, yet by representation they may inherit together with them. "Heir" and "Heiress" redirect here For the men and women fragrances endorsed by Paris Hilton see Heiress (fragrance.
- A wife is dowable of one-half, instead of one-third of the land. Not to be confused with Dowry, or with Dour. Dower or morning gift ( Latin doarium, or Latinized
- A widow may be tenant by courtesy, without having had any issue, of one-half, but only so long as she remains unmarried. This article is about the legal doctrine of curtesy For the concept of courtesy, please see the article on Etiquette. An act for commuting manorial rights in respect of lands of copyhold and customary tenure contained a clause specially exempting from the operation of the act the custom of gavelkind as the same now exists and prevails in the county of Kent. At its origin in Medieval England, copyhold tenure was tenure of land according to the custom of the manor the "title deeds" being
Gavelkind was one of the most interesting examples of the customary law of England; it was, previous to the Conquest, the general custom of the realm, but was then superseded by the feudal law of primogeniture. In Law, custom can be described as the established patterns of behavior that can be objectively verified within a particular social setting Feudalism, a term first used in the early modern period (17th century in its most classic sense refers to a Medieval Europe Political system composed Primogeniture is the Common law right of the Firstborn son to inherit the entire estate, to the exclusion of younger siblings Its survival in this instance in one part of the country is regarded as a concession extorted from the Conqueror by the superior bravery of the men of Kent. William I of England ( 1027 His reign which brought Norman culture to England had an enormous impact on the subsequent course of England in the Middle Ages
Gavelkind in Wales
This was a species of tribal succession, by which the land, instead of being divided at the death of the holder amongst his sons, was thrown again into the common stock, and redivided among the surviving members of the sept. A sept is an English word for a division of a Family, especially a division of a clan. Under Welsh law on a landowner's death the land would be divided equally among all his sons, including illegitimate sons. Welsh law, the Law of Wales, was traditionally first codified by Hywel Dda ("Hywel the Good" during the period between 942 and 950 when The equal division amongst children of an inheritance in land is of common occurrence outside the United Kingdom. The United Kingdom of Great Britain and Northern Ireland, commonly known as the United Kingdom, the UK or Britain,is a Sovereign state located
Gavelkind in Ireland
See main article Gavelkind in Ireland
References
- Robinson, On Gavelkind
- Digby, History of the Law of Real Property
- Pollock and F. W. Maitland, History of English Law
- Challis, Real Property. Under Brehon Law Gavelkind, also known as Partible inheritance, was a species of tribal succession by which the land was divided at the death of the holder Frederic William Maitland ( May 28, 1850 - December 19, 1906) was an English Jurist and Historian.
This article incorporates text from the Encyclopædia Britannica Eleventh Edition, a publication now in the public domain. The Encyclopædia Britannica Eleventh Edition (1910–1911 is a 29-volume reference work that marked the beginning of the Encyclopædia Britannica The public domain is a range of abstract materials &ndash commonly referred to as Intellectual property &ndash which are not owned or controlled by anyone
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