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ownership by a group or individual 2 usually only used with respect to disputed or unresolved ownership cases a landowner is the holder of the estate in land with the most extensive and exclusive rights of ownership over the territory simply put the owner of land feudal tenure edit main articles fief and feudal land tenure in england the legal concept of land tenure in the middle ages has become known as the feudal system that has been widely used throughout europe the middle east and asia minor the lords who received land directly from the crown or another landowner in exchange for certain rights and obligations were called tenants in chief they doled out portions of their land to lesser tenants who in turn divided it among even lesser tenants this process that of granting subordinate tenancies is known as subinfeudation in this way all individuals except the monarch did hold the land of someone else because legal ownership was with the superior monarch also known as overlord or suzerain 3 4 historically it was usual for there to be reciprocal duties and rights between lord and tenant there were different kinds of tenure to fit various kinds of need for instance a military tenure might be by knight service requiring the tenant to supply the lord with a number of armed horsemen and ground troops the fees were often lands land revenue or revenue producing real property typically known as fiefs or fiefdoms 5 over the ages and depending on the region a broad variety of customs developed based on the same legal principle 6 7 the famous magna carta for instance was a legal contract based on the medieval system of land tenure the concept of tenure has since evolved into other forms such as leases and estates modes of ownership and tenure edit there is a great variety of modes of land ownership and tenure traditional land tenure edit most of the indigenous nations or tribes of north america had differing notions of land ownership whereas european land ownership centered around control indigenous notions were based on stewardship when europeans first came to north america they sometimes disregarded traditional land tenure and simply seized land or they accommodated traditional land tenure by recognizing it as aboriginal title this theory formed the basis for treaties with indigenous peoples citation needed ownership of land by swearing to make productive use of it edit in several developing countries such as egypt and senegal this method is still presently in use in senegal it is mentioned as mise en valeur des zones du terroir 8 and in egypt it is called wadaa al yad 9 allodial title edit allodial title is a system in which real property is owned absolutely free and clear of any superior landlord or sovereign true allodial title is rare with most property ownership in the common law world australia canada ireland new zealand united kingdom united states being in fee simple allodial title is inalienable in that it may be conveyed devised gifted or mortgaged by the owner but it may not be distressed and restrained for collection of taxes or private debts or condemned eminent domain by the government feudal land tenure edit feudal land tenure is a system of mutual obligations under which a royal or noble personage granted a fiefdom some degree of interest in the use or revenues of a given parcel of land in exchange for a claim on services such as military service or simply maintenance of the land in which the lord continued to have an interest this pattern obtained from the level of high nobility as vassals of a monarch down to lesser nobility whose only vassals were their serfs fee simple edit under common law fee simple is the most complete ownership interest one can have in real property other than the rare allodial title the holder can typically freely sell or otherwise transfer that interest or use it to secure a mortgage loan this picture of complete ownership is of course complicated by the obligation in most places to pay a property tax and by the fact that if the land is mortgaged there will be a claim on it in the form of a lien in modern societies this is the most common form of land ownership land can also be owned by more than one party and there are various concurrent estate rules native title edit in australia native title is a common law concept that recognizes that some indigenous people have certain land rights that derive from their traditional laws and customs 10 native title can co exist with non indigenous proprietary rights and in some cases different indigenous groups can exercise their native title over the same land there are approximately 160 registered determinations of native title spanning some 16 of australia s land mass the case of mabo overturned the decision in milirrpum and repudiated the notion of terra nullius subsequent parliamentary acts passed recognised the existence of this common law doctrine life estate edit under common law life estate is an interest in real property that ends at death the holder has the use of the land for life but typically no ability to transfer that interest or to use it to secure a mortgage loan fee tail edit under common law fee tail is hereditary non transferable ownership of real property a similar concept the legitime exists in civil and roman law the legitime limits the extent to which one may disinherit an heir leasehold edit under both common law and civil law land may be leased or rented by its owner to another party a wide range of arrangements are possible ranging from very short terms to the 99 year leases common in the united kingdom for flats and allowing various degrees of freedom in the use of the property common land edit rights to use a common may include such rights as the use of a road or the right to graze one s animals on commonly owned land today groups of people who practice communal land use include for example the traditional peoples and communities in brazil such as fundos de pasto and faxinais 11 12 sharecropping edit when sharecropping one has use of agricultural land owned by another person in exchange for a share of the resulting crop or livestock easement edit easements allow one to make certain specific uses of land owned by someone else the most classic easement is right of way right to cross but it could also include for example the right known as a wayleave to run an electrical power line across someone else s land other edit in addition there are various forms of collective ownership which typically take either the form of membership in a cooperative or shares in a corporation which owns the land typically by fee simple but possibly under other arrangements there are also various hybrids in many communist states government ownership of most agricultural land has combined in various ways with tenure for farming collectives in archaeology edit in archaeology traditions of land tenure can be studied according to territoriality and through the ways in which people create and utilize landscape boundaries both natural and constructed less tangible aspects of tenure are harder to qualify and study of these relies heavily on either the anthropological record in the case of pre literate societies or textual evidence in the case of literate societies in archaeology land tenure traditions can be studied across the longue durée for example land tenure based on kinship and collective property management this makes it possible to study the long term consequences of change and development in land tenure systems and agricultural productivity moreover an archaeological approach to land tenure arrangements studies the temporal aspects of land governance including their sometimes temporary impermanent and negotiable aspects as well as uses of past forms of tenure for example people can lay claim to or profess to own resources through reference to ancestral memory within society in these cases the nature of and relationships with aspects of the past both tangible e g monuments and intangible e g concepts of history through story telling are used to legitimize the present by country edit angola edit main article land tenure in angola afghanistan edit 41 of the constitution of afghanistan foreigners are not allowed to own land foreign individuals shall not have the right to own immovable property in afghanistan 13 14 15 canada edit main article land ownership in canada china edit land in china is state owned or collectively owned enterprises farmers and householders lease land from the state using long term leases of 20 to 70 years 16 foreign investors are not allowed to buy or own land in china thailand edit in thailand foreigners are normally prohibited to own or possess land in thailand these restrictions are covered in the land code articles 96 and following cambodia edit under article 44 of the cambodian constitution only natural persons or legal entities of khmer nationality shall have the right to land ownership foreigners are prohibited to own or possess land in cambodia 17 18 philippines edit foreigners are prohibited owning land in the philippines under the 1987 constitution 19 20 indonesia edit foreigners are not allowed to own freehold land in indonesia 21 22 vietnam edit foreigners cannot buy and own land like in many other southeast asian countries instead the land is collectively owned by all vietnamese people but governed by the state as written in the national land law foreigners and foreign organizations are allowed to lease land the leasehold period is up to 50 years 23 24 burma edit though purchase of land is not permitted to foreigners a real estate investor may apply for a 70 year leasehold with a myanmar investment commission mic permit 25 belarus edit according to the legislation of belarus a foreign citizen cannot own land and only has the right to rent it 26 27 laos edit as foreigners are prohibited from permanent ownership of land foreigners can only lease land for a period of up to 30 year 28 29 mongolia edit only mongolian citizens can own the land within the territory of mongolia foreign citizens can only lease the land 30 31 32 maldives edit foreigners are not allowed to own freehold land in maldives the land can only be leased to foreigners for 99 years 33 34 sri lanka edit in 2014 the sri lankan parliament passed a law banning land purchases by foreigners the new act will allow foreigners to acquire land only on a lease basis of up to 99 years with an annual 15 percent tax on the total rental paid upfront 35 36 37 38 georgia edit since 2017 a ban on foreigners owning farmland was introduced in the georgia s new constitution the new constitution states that with a small number of exceptions agricultural land can only be owned by the state a georgian citizen or a georgian owned entity 39 40 41 42 kazakhstan edit in 2021 president kassym jomart tokayev signed into law a bill that bans the selling and leasing of agricultural land to foreigners 43 44 45 israel edit approximately 7 of the allocated land in israel is privately owned the rest i e 93 is owned by the state and is known as israeli land israel s basic law on real estate states that israel s land is jointly owned by the state 69 the development authority 12 and the jewish national fund 12 ireland edit land and conveyancing law reform bill 2006 46 united kingdom edit england and wales edit land tenure in england english land law history of english land law scotland edit crofting aoghairean half foot united states edit main article property law in the united states importance of modern tenure edit this section possibly contains original synthesis source material should verifiably mention and relate to the main topic relevant discussion may be found on the talk page july 2025 learn how and when to remove this message with homelessness and wealth inequality on the rise land tenure in the developed world has become a point of issue 47 48 market based economies which treat housing as a commodity and not a right allow for laws such as california proposition 13 1978 that incentivize treating housing as an investment 49 50 due to inelastic demand of the human need for shelter housing prices can therefore be raised above universally affordable rates 51 52 this complicates tenure by limiting supply and exacerbating homelessness and informal housing arrangements 53 for instance in the united states minimal regulation on house flipping and rent seeking behavior allows for gentrification pricing out half a million americans and leaving them homeless citation needed at the same time severe weather events caused by climate change have become more frequent affecting property values 54 in the developing world catastrophes are impacting greater numbers of people due to urbanization crowding and weak tenure and legal systems colonial land tenure systems have led to issues in post colonial societies 55 the concepts of landlord and tenant have been recycled to refer to the modern relationship of the parties to land which is held under a lease professor f h lawson in introduction to the laws of property 1958 has pointed out however that the landlord tenant relationship never really fitted in the feudal system and was rather an alien commercial element the doctrine of tenure did not apply to personalty personal property however the relationship of bailment in the case of chattels closely resembles the landlord tenant relationship that can be created in land secure land tenure also recognizes one s legal residential status in urban areas and it is a key characteristic in slums slum dwellers do not have legal title to the land and thus local governments usually marginalize and ignored them 56 in 2012 the committee on world food security based at the food and agriculture organization fao of the united nations endorsed the voluntary guidelines on the responsible governance of tenure as the global norm 57 as the problem of poor and politically marginalized especially likely to suffer from insecure tenure however this is merely work in progress the united nations sustainable development goal 5 also advocates for reforms to give women access to ownership and control over land in recognition of the importance of tenure to resource distribution 58 see also edit alienated land legal terminology pages displaying short descriptions of redirect targets allodial title ownership independent of a superior apertura feudi loss of a feudal land tenure concentration of land ownership ownership of land in a particular area by a small number of people or organizations development easement eminent domain legal power of a government to take private property for public use feudalism legal and military structure in medieval europe fiefdom right granted by overlord to vassal central element of feudalism pages displaying short descriptions of redirect targets flexible land tenure system namibia history of english land law law of real property in england homestead principle legal principle regarding unclaim...
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