Allodial System - Explained
What is the Allodial System?
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What is the Allodial System?
The allodial system is a legal right or claim of ownership of land applicable in many legal systems throughout the world. It allows someone to claim ownership of land through exclusive possession.
What is Allodial Title?
The idea of allodial title allowed the holder and defender of the land to claim ownership rights that were defensible in law.
Is the United States an Allodial Property System?
Most states in the United States employ the common law system, allowing someone to hold ownership of land in fee simple. As such, ownership rights are established under common law, with secondary rights potentially claimed under an allodial system.
When was the Allodial System Used in the United States?
Allodial title was originally employed in the United States when it declared independence from England. This allowed individuals to claim an interest in land that was otherwise unoccupied.
Is Allodial Title a State Law?
Many state constitutions make reference to allodial title within its jurisdiction. This is primarily to distinguish the property system from the feudal system.
How Does Allodial Title Relate to Eminent Domain?
All property systems, including common law and allodial 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.
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