History of Land Ownership - Land Law - YouTube

Now we've taken a basic introduction to looking at the definition of land law in the UK and the kind of things and the kind of things we're going to be discussing when we look at land law. What I want to do is talk about the history of land ownership in the UK and how this has really developed over, effectively over a thousand years of English history and why these historical implications still have a lot of relevance today because effectively the guiding principles, the basic principles of land law, go back to you know William the Conqueror and beyond and so we have to really have a basic understanding, only a basic understanding of these historical updates that have taken place before we can look at the the legal premises of land law, things like registered land and registered land, freehold, leaseholder states, these kind of things.

现在我们已经对英国土地法的定义进行了基本介绍，以及我们在讨论土地法时要讨论的内容。我想要讨论的是英国土地所有权的历史，以及这个历史在实际上已经发展了一千多年的英国历史中如何演变，以及为什么这些历史影响至今仍然具有很大的相关性。因为实际上，土地法的指导原则，基本原则可以追溯到征服者威廉及以前的时代，因此我们必须对这些历史更新有一个基本的了解之后，才能看待土地法的法律原则，比如登记土地、永久产权、租赁产权等等。

So as we established in the last lesson land law can be described almost as like a subset of property law, it's a very specific type of property law with where the property is land, where the property is land and we've discussed in the last lesson that the nature of land as a property as something you know that you can own or you know at least effectively you can own is something that's very different to say owning a laptop or owning a phone. There's a lot of yeah there's a lot the a huge number of differences if you want to go back to the last lesson I'll link it in this video because effectively the reason why we have land law, separate to property law, is because the law regulating land is very different to the law regulating other types of property and in reality this these regulations, these regulations come from history so the history of land law informs a lot of the concepts that we still accept today so it's important to spend some time discussing how these how the history developed land law rather than you know rather than beginning by looking at the legal principles themselves.

所以就像我们在上个课程中所确认的那样，土地法可以被描述为财产法的一个子集，它是一种非常特定的财产法，其财产为土地。我们在上个课程中讨论过，作为一种你知道你可以拥有的财产的性质，至少在实际上你可以拥有，与拥有笔记本电脑或手机是非常不同的。如果你想回到上个课程，我会在这个视频中提供链接，因为我们有土地法和财产法之分的原因，是因为监管土地的法律与监管其他类型财产的法律非常不同，实际上，这些规定，这些规定来源于历史，因此土地法的历史塑造了我们今天仍然接受的许多概念，因此花时间讨论这些历史是很重要的，而不是直接从法律原则本身开始。

So the first thing we should know is that we do not own land, we own quote estates and interests in land and by we I mean you know people who are not general public so general population, general population, people who are not the monarchy effectively. Okay so this was briefly touched on in the introductory lesson but effectively the historical theological interpretation of land is that land is something that was a gift from God okay and thus this idea of land being a gift from God informs the um informs the interpretation as to who owns the land.

因此，我们首先要知道的是，我们并不拥有土地，我们拥有的是土地的产权和利益，我指的是那些不属于一般公众，也就是不属于君主制度的人。好的，在导论课上简要涉及过这一点，其实土地的历史神学解释是，土地是上帝的礼物，因此土地是上帝的恩赐这一观念影响了谁拥有土地的解释。

Now traditionally land is a gift from God to the crown of England so the crown of England and this relates to a number of guiding principles within the theology and the relationship between God and the king or queen of England and you know ideas such as the divine right of kings so the divine right of kings.

传统上，土地是上帝赐予英格兰王冠的礼物，因此与神学和上帝与英格兰国王或女王之间的关系的许多指导原则相关联，比如诸如国王的神圣权。

Now this is the general um theological interpretation and this theological interpretation existed before the 1200s however we start to see it more and more codified following the 1200s and so as such as we see this interpretation develop we see that the the monarch go from the king of the English people the original interpretation being that the monarch was the king of the people okay we go from that interpretation to the interpretation that the monarch is the king of the land king of England okay and now that that little shift in the in the nomenclature and the interpretations of how we understand the relationship between the king and with between king and England is informed by the fact that traditionally the land was a gift from God and this gift from God was gifted to the monarch and so since the 1200s all land effectively belong to the crown however we'll note that it should be noted that this um isn't there isn't a specific cut-off date where you have um this kind of interpretation taking place i can't name you a specific time in history because the history of land ownership is something that's been a very gradual process.

现在这是一般性的神学解释，这种神学解释在12世纪之前就已存在，然而我们开始看到在12世纪之后这种解释被更多地系统化。因此，随着这种解释的发展，我们看到君主不再是英国人民的国王，最初的解释是君主是人民的国王，然后我们转向理解君主是土地的国王，英国的国王。现在，这种术语和解释方式的微小变化，以及我们如何理解君主与英国之间的关系是由这样一个事实信息的，传统上土地是上帝的礼物，这份礼物是赠送给君主的，因此自12世纪以来，所有土地基本上都属于皇室，但需要注意的是，并没有具体的截止日期，可以确定这种解释发生在何时，因为土地所有权的历史是一个非常渐进的过程。

One of the processes that take place within the history of England and that date before even before the 1200s is the concept of feudalism and this is something that was imported from Europe following the nomen conquest of England so we know that um william the conqueror came to England in 1066 so it dates back even a few hundred years before this concept of England and the system of feudalism began to develop and we can understand why feudalism developed because of a number of factors so the first factor is that even before the 1200s the crown was seen as the sole owner of land okay it's just in the 1200s and beyond we start to see this develop this change developed linguistically as well.

在英国历史中发生的一个流程，甚至早于1200年之前，就是封建制度的概念，这是从欧洲引入的，随着诺曼征服英格兰。因此，我们知道，威廉征服者于1066年来到英格兰，所以即使在这个概念出现之前数百年，英格兰的封建制度也开始发展。我们可以理解封建制度发展的原因有几个因素，第一个因素是，甚至在1200年之前，王冠被视为土地的唯一所有者，而从1200年以后，我们开始看到这种变化在语言上也发展了起来。

The second thing we should we can mention is that when we're talking about creating um economic um progress you know creating um wealth from land this required labour and it still requires labour today however back in following the normal conquest and the medieval period of England uh labour was an inefficient task we didn't have any kind of coordination as such or industrialization that took place so labour was a labour intensive task and it was very inefficient as such what the king would do would be to allow people to use and occupy his land in return for the performance of certain services so you can toil the land that you um you're allowed to live on the land that you toil that you work on and it should be noted that it's very important that in this kind of relationship between the king and his people and the king allowing almost granting permission to um live on the land that they work in return for um you know for a certain service or or you know for certain goods um a transfer of land never took place so the king still owned the land um that they were working on so the king still owned the land the king still owned the land I mentioned king and not king and and queen because at the time the uh the vast majority of monarchs within England were um kings uh there's. some historical uh possible um you know it's the debate as to where who the first queen was but arguably mary the first um as late as the 1500s was the it was quick the first queen of England so we're talking about just kings and this process getting back to the the law this process of um almost allowing permission in return for a service uh was called a tenure so you would get around to the tenure and this doctrine of tenure this kind of principle that you uh the doctrine of tenure you are allowed to to live on the land that you work in return for um certain services this sort of contractual relationship between the king and his people um was not just limited to the king and his and his people so it was there wasn't just a limitation between just the monarch uh and this service being done to um his subjects once there has been once you know the doctrine of tenure um applies between the monarch and and some uh you know other person those who received that tenure from the monarch could then offer a tenure to somebody else okay and this was known as a system of in uh sorry of subinfudation so we have a system of subinfudation where it's effectively like a pyramid scheme so you have the monarch at the top who um offers and grants a tenure to um someone down below and they grant tenure to other people and then so on and so on and so on to the point where we have this almost you know spiral of of of tasks and services and economic relationships between all of these different people and at no point in any of this system of subinfudation do we see any land transfer from the monarch to the people it is just granted a tenure to that land and so that is a kind of thing that informs the modern day interpretation of land ownership today all land is still owned by the crown in england and thus one's relationship with land shouldn't be seen effectively as an ownership an ownership you don't own the land no matter what kind of rights whatever kind of proprietary rights you have over the land you don't own it the relationship with land should be one of either in a state in that land or an interest unless you're the monarch if the monarch is uh watching then this doesn't apply to you but the uh for anybody else for the rest of us uh mere mortals the relationship um we have with land is not one of ownership it's one of an estate or an interest and we're going to get into them obviously in a lot more detail because these are the legal relationships that we're going to be talking about so the legal relationships relationships no no we're going to be talking about the legal relationships and the proprietary rights that you have depending on the type of interest in land you have or a state in land we're going to be talking about the types of land that exist the ideas of of registered land and unregistered land so when we talk about states in land i'm just going to very quickly because this is what we're going to turn on to first when we're talking about land ownership in quotation marks you know in proprietary rights in land okay i'm going to try my best to not say land ownership because for some cases i a freehold estate then what you're doing is you've been given you know de facto ownership of our piece of land however you're not legally owner of the land because the owner of the land is still the monarch so like i've just mentioned you have different types of estate in land

我们要提到的第二件事是，当我们谈论创造经济进步，创造从土地中获得财富时，这需要劳动，今天仍然需要劳动。然而，在英国的一般征服和中世纪时期，劳动是一项低效的任务，我们没有任何协调或工业化，劳动是一项劳动密集型的任务，因此非常低效。国王会允许人们使用和占领他的土地，作为履行某些服务的回报。所以你可以耕种土地，你可以住在你耕作的土地上，应该注意的是，在国王与他的人民之间建立这种关系时，国王几乎允许人们居住在他们工作的土地上，以换取某种服务，或者换取某种商品，土地的转让从未发生过，因此国王仍然拥有他们所工作的土地。我提到国王而不是国王和女王，因为当时英格兰绝大部分的君主是国王。关于领地的解释请看原文。

Oopsie daisy i've just moved this around i'm going to move that back smooth oops there we go anyway so what we do have is two broad types of estate in land so you have a freehold estate or you have a leaseholder state now there are obviously different types of sub categories that we're going to talk about as well when we go into a lot more detail on these but as a as the sort of broad interpretation you have a freehold or a leaseholder state and when we talk about estates okay specifically a freehold estate you can be understood as having what we call de facto ownership of the land okay for all intents and purposes you own that land but it's still legally like i mentioned the land is still historically owned by the crown holding an estate in land whatever the kind of estate in land okay gives you what we call a quote slice of time during which you're entitled to possess and enjoy that land and the relative sort of temporal distinctions will distinguish the type of estate so the type of this slice of time is determined by the type of estate you have and so therefore and this also gives you a grand issue of other kinds of rights and so therefore um the as an estate in land is very important and which when we move on uh following these lessons we're going to talk about the different types of land that exists things like registered land and we talk about things like the land registry and then things like unregistered land but then when we move on to talk about in um proprietary rights in land proprietary interests things like an estate or an interest itself we're going to start by looking at states and we're going to start by looking at three holder states.

哎呀，我刚刚把这个移动了一下，我要把那个移回去顺便说一下，我们在土地上有两种广义的房产类型，你可以拥有一个永久产权或者一个租赁产权现在显然有不同类型的子类别，我们将在更详细地讨论这些时也谈论到但作为广义的解释，你有永久产权或者租赁产权当我们谈论产权时，特别是永久产权，你可以理解为拥有所谓的事实上的土地所有权意思是，你对该地拥有使用和享受的权利但从法律上来讲，就像我提到的，这块土地仍然是由皇室所有的持有的在土地上持有产权，无论是什么类型的土地产权，都给你一个我们称之为“时间切片”，在这段时间内，你有权拥有和享受该土地相对于时间的差别将会决定产权的类型因此，这个时间段的类型是由你拥有的产权类型确定的因此，这也会带来各种其他种类的权利因此，土地产权是非常重要的当我们继续学习之后，我们将会谈论存在的不同类型的土地，比如注册土地，我们将会谈论土地登记局，然后是未注册土地但当我们继续谈论耸权土地中的经营权，像产权或权益本身时，我们将会首先看看产权，然后看看永久产权。