Allodial System Definition
The allodial system is a legal right or claim of ownership of land applicable in many legal systems throughout the world. Most states in the United States employ the common law simple, allowing someone to hold ownership of land in fee simple. The allodial system, which is present in a few states, allows someone to claim ownership in land through exclusive possession.
A Little More on What is the Allodial System
Allodial title was originally employed in the United States when it declared independence from England. The idea of allodial title allowed the holder and defender of the land to claim ownership rights that were defensible in law.
Many state constitutions make reference to allodial title within its jurisdiction. This is primarily to distinguish the the property system from the feudal system. Generally, ownership rights are established under common law, with secondary rights potentially claimed under an allodial system. All property systems are subject to the Constitutionally-granted right of eminent domain. This is the right of the US or state governments to take private land for public use.
Characteristics of Record in the Allodial System
When looking at the information above, the allodial system contains within it the characteristics of the relevant land. It’s a vital system along with the Cadastral Certificate that can help to determine if a property lies within or outside of any municipal regulations. The details of this is listed below:
- Folio Number: This is where the property is currently registered. It is numerical digits which will vary depending on the area, or municipality in which the property is located.
- Cadastral Certificate: This is a document which indicates all technical data of a property, including it’s location, lot surface, the cadastral value of the property, and more.
- Designation S/ TIT: This corresponds to the numbers on the house, parking, apartment or storage, to indicate where it is located.
- Surface: this is the extension of the land or property in square meters.
- Measures: the surface is broken down
- Boundaries: These are coordinates to a certain property or area.
- HIstorical Background: this is the registration number of a property.
Ownership over the domain: This is the under denomination of the seat which ascends within the numbers. This also will depend on the circumstances. It will specify the names of the owners, their civil status, and any declaration of an heir. Additionally, this type of operation must be recorded for purchase and sale, clarification, merger, division, partition, notary responsibility for the registration and more. When something is modified new “seats” will arise. Because of this we have to look to the subsection to verify what types of changes were made on the property.
- Liens and Restrictions: This is the preventive annotation on any property or mortgage against their registration such as for a debt or trial. Liens and restrictions can prevent any actions from being taken on the property, such as a purchase or sale.
- Cancellations: this column must match all necessary information precisely. An example of this is if the entry 1 of the subsection B had a debt recorded, then in subsection C there must show a payment of that debt. That way any cancellation, delays or overall issues can be avoided.
To put it simply it can be noted that the allodial system virtually contains all the history on a house or property. In addition it is necessary to ensure you have the knowledge of the data from this document and the Cadastre, they both must be the same, otherwise delays or overall observational issues will be produced.
To understand the Real Rights you must first learn more. Here is an overall breakdown of the form for Real Rights:
- Registration Number: This is the same number found on the allodial system
- Surface: How far the property extends in square meters.
- Location: Where is the property located.
- Adjacent: Coordinates of a property or land.
- Cadastre: Any technical information on the property that can aid in the determination of if it is inside or outside regulations.
- Current Owners: Information on the current owners of the property.
- Restrictions in Force: Registry of any mortgage, lien or restriction on the property.
References for Allodial System
Academic Research on Allodial Systems
- The Allodial title to land, Woodman, G. R. (1968). The Allodial title to land. U. Ghana LJ, 5, 79.
- Marginal cost pricing and eminent domain, Plassmann, F., & Tideman, T. N. (2011). Foundations and Trends® in Microeconomics, 7(1), 1-110. In this document it is discussed about the marginal cost pricing within an eminent domain. There are three different types of literature within economics which are related to the efficiency of things under the eminent domain. One of these pieces of literature addresses the questions about optimal compensation for the properties which are owned. The second wonders how governments may learn the value of these properties they are considering to purchase. The third analyzes various solutions to the challenge of land assembly. This essay works to review these different types of literature and argues the point of the principle marginal cost and how it can be used to as a catalyst for a unifying principle for integration.
- Land title registration without prejudice: the Ghana land title registration law, 1986, Woodman, G. R. (1987). Journal of African law, 31(1-2), 119-135. This discusses land title registration regulations and the in the context of Ghanaian land law as studied by Professor Antony Allott.
- The mystery of property: Inheritance and industrialization in England and Japan, Macfarlane, A. (1998). 104-123. In here you will learn more about inheritance and industrialization when it comes to properties in the countries of Japan and England.
- The disintegration of property, Grey, T. C. (1980). Nomos, 22, 69-85.
- Holding property in trust: kinship, law, and property enactment on Norwegian smallholdings, Flemsæter, F., & Setten, G. (2009). Environment and Planning A, 41(9), 2267-2284. This paper discusses the relationship between property enactment, law and kinship. The recent revision to the Norwegian Act in relation to Real property was created to influence the relationship between property owners and their properties.
- A Sketch of the Evolution of Allodial Titles in Hawaii, Weaver, P. L. (1898). A Sketch of the Evolution of Allodial Titles in Hawaii. The Yale Law Journal, 7(9), 393-401.
- Journal of a Cross Lot Walker: Why We Think We Own North America, Mitchell, J. H. (2000). Journal of a Cross Lot Walker: Why We Think We Own North America. The Concord Saunterer, 8, 15-22.
- Land Tenure in the Central Business District, Seyfried, W. R., & Appelo, B. A. (1966). Land Tenure in the Central Business District. Land Economics, 42(2), 171-178.
- Rejecting the feudal doctrine of tenure within a pluralist land culture: toward an allodial land model, Hepburn, S. J. (2005). This document will argue that the feudal doctrine as it exists in various jurisdictions of Canada, New Zealand and Australia should be abolished in exchange for the Allodial Land System.
- Parol contracts for the sale of land, Terry, J. (1893). Parol contracts for the sale of land.