Chapter

The Real Actions

A. W. B. Simpson

in A History of the Land Law

Second edition

Published in print July 1986 | ISBN: 9780198255376
Published online March 2012 | e-ISBN: 9780191681585 | DOI: http://dx.doi.org/10.1093/acprof:oso/9780198255376.003.0002
The Real Actions

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The common law of land grew up around the forms of action which brought litigation concerning land before the royal justices, and thus enabled them to begin to impose a uniform system of rules of landholding upon the whole realm. Eventually the legislature completed the task, and local customary departures from the common law have been all but totally extinguished. In the period immediately following the Conquest, the scope of royal jurisdiction, and therefore of the common law, was probably extremely narrow. Amongst the duties of the feudal lord was the duty to hold a court for his tenants, in which their disputes could be determined. What was a duty was also conceived to be a right; the administration of justice was a profitable business, and to deprive a lord of his court was to usurp a property right which he would not wish to lose.

Keywords: common law of land; royal justice; landholding; feudal lord; tenants; property right

Chapter.  9892 words. 

Subjects: History of Law

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