Another example of co-ownership would be if Rene ́and Maria marry and decide to share
everything they have. Also then they become entitled to the book or even the house that
they live in.5.3.2 Common Law Property Law
The unitary system of ownership, according to which the “same” ownership applies
to both immovable and movable objects, distinguishes the civil law tradition from
the common law tradition that exists in England and Wales. The common law
system, as it is applied in England and Wales, comprises two subsystems: common
law in the narrow sense and equity. Both have their own version(s) of property
rights. In this section, the property law of common law in the narrow sense is
discussed. Property law in equity is discussed in Sect.5.3.3.
Fragmented System The common law is the system of customary law that has
developed since the Battle of Hastings in 1066. It has two kinds of property law, one
for land, land law, and another for “what is not land,” personal property law. This
division essentially follows the distinction between immovable objects (land) and
movable objects (chattels or goods). It is the reason why the common law system of
property law is called “fragmented.”
The common law of property and the origin of common law are closely related, as William
the Conqueror claimed all land in England for himself upon his victory in 1066. From that
moment on, all persons held land from the Crown instead of entirely for themselves.
Personal property law, i.e. the law relating to movable objects (goods), did not become
relevant until the industrial revolution, when movable objects also became of value. (See
also Sect.1.3.1)5.3.2.1 Land Law
Under the rules of common law, the King is the owner of all land; all others hold
land from the King in tenure. This is a feudal system of landholding. Under this
system, the King could originally determine the content of the right he gave to
others, especially the obligations that right holders had to undertake in return for
this right to the land.
Because the feudal system was modernized in the course of time, there was no
need to overthrow it, as occurred on the continent after the French Revolution.
Englishland lawis therefore still a feudal system with its own terminology that has
developed and been standardized over time.
Scots law also used a similar feudal system, until the Scottish parliament passed the
Abolition of Feudal Tenure Act 2000, terminating all feudal rights in 2004.
One of the most recent modernizations of English land law was the Law of
Property Act of 1925. With this Act, the legislature sought to limit and standardise
the available property rights in respect to land. After this Act, only two types of
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