Wednesday, January 5, 2011

Origins of Real Property Law ~ Two Categories (Friends and Foes)


By Brian Madigan LL.B.

Remember the Battle of Hastings? Well, actually, I suppose you don’t, but it was an important time in the history of real property.

William the Conqueror from France was the victor; and to the victor go the spoils.

In order to muster support for his cause, William offered two deals. Basically, he said “….are you with me or against me…. friend or foe….”.

The Pledge

1) Friends – you may keep your present landholdings subject to whatever rights may happen to exist,

2) Foes – you will lose your property, which will be confiscated by the Crown and re-let to friends of the Crown.

William, of course, was able to muster sufficient support, and he made good on his promises. His friends got to keep their lands in place. His enemies lost their properties and they were re-let to the “Tenants-in Chief” who were naturally his friends and supporters.

Through a concept of legal fiction, the lands of the supporters were deemed to have been granted to the Crown, and then re-granted to the landowners.

It is interesting that as centuries passed, this same concept was used throughout the world to colonize, settle and assume control over aboriginal lands.

Brian Madigan LL.B., Broker is an author and commentator on real estate matters, if you are interested in residential or commercial properties in Mississauga, Toronto or the GTA, you may contact him through Royal LePage Innovators Realty, Brokerage 905-796-8888
www.OntarioRealEstateSource.com