According to Webster, an allodial title refers to "land that is the absolute property of the owner which is not subject to any rent, service, or acknowledgment to a superior." Property owned under true allodial title is very rare to find. Countries like Great Britain, the United States, Canada, Ireland and Australia describes allodial title as being an ownership of property that is absolute and exempt from four government powers of taxation, police power, eminent domain and escheat (the power to transfer property if owner dies without a will).
The origin of the word is not definitely known, but it is speculated that it is the result of blending two Germanic words; "all," meaning whole or entire, and "odh" meaning property. Throughout northern Europe over the course of the last few hundred years, allodial titles were fairly common, but today they are only known within the common law jurisdictions within the United States.
A situation in which land, buildings, fixtures or any other real property is owned at no cost and free from any financial burdens including tax, mortgage and liens is known in property law as an allodial title. Not subject to any authority of any kind, an allodial title cannot be taken away from its owner by the law for any reason at all.
In centuries past, conquered Germanic lands, considered the common property of the entire national community (free land owners), comprised the original allodial titles. During the Middle Ages, this group of free landowners morphed into the nobility. The establishment of land registry systems eventually developed in the 18th century. One central office in each country assumed the responsibility of filing of land deeds, mortgages, liens and other evidence of ownership, transfer or encumbrance. If a document did not go through certification through one of these offices, it was not legally recognized.
For the sole purpose of distinguishing it from feudal title, Arkansas, Wisconsin, Minnesota and New York refer to allodial title in their respective state constitutions. The specific conditions under which the government can compel the sale of privately owned real property for public benefit refer to the laws of eminent domain which are established either by the federal or state government. The Fifth Amendment of the United States Constitution makes it mandatory that the government offer just compensation for any eminent domain compelled sale of property.
The origin of the word is not definitely known, but it is speculated that it is the result of blending two Germanic words; "all," meaning whole or entire, and "odh" meaning property. Throughout northern Europe over the course of the last few hundred years, allodial titles were fairly common, but today they are only known within the common law jurisdictions within the United States.
A situation in which land, buildings, fixtures or any other real property is owned at no cost and free from any financial burdens including tax, mortgage and liens is known in property law as an allodial title. Not subject to any authority of any kind, an allodial title cannot be taken away from its owner by the law for any reason at all.
In centuries past, conquered Germanic lands, considered the common property of the entire national community (free land owners), comprised the original allodial titles. During the Middle Ages, this group of free landowners morphed into the nobility. The establishment of land registry systems eventually developed in the 18th century. One central office in each country assumed the responsibility of filing of land deeds, mortgages, liens and other evidence of ownership, transfer or encumbrance. If a document did not go through certification through one of these offices, it was not legally recognized.
For the sole purpose of distinguishing it from feudal title, Arkansas, Wisconsin, Minnesota and New York refer to allodial title in their respective state constitutions. The specific conditions under which the government can compel the sale of privately owned real property for public benefit refer to the laws of eminent domain which are established either by the federal or state government. The Fifth Amendment of the United States Constitution makes it mandatory that the government offer just compensation for any eminent domain compelled sale of property.
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