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Allodial title constitutes ownership of real property (land, buildings and fixtures) that is independent of any superior landlord. Allodial title is related to the concept of land held "in allodium", or land ownership by occupancy and defense of the land. Historically, much of land was uninhabited and could therefore be held "in allodium".〔 In the modern developed world, true allodial title is only possible for nation state governments.〔(What is Allodial Title? ). REMAXWest.〕 Although the word "allodial" has been used in the context of private ownership in a few states of the United States, this ownership is still restricted by governmental authority; the word 'allodial' in these cases describes land with fewer but still significant governmental restrictions.〔 Most property ownership in common law jurisdictions is fee simple. In the United States, land is subject to eminent domain by federal, state and local government, and subject to the imposition of taxes by state and/or local governments, and there is thus no true allodial land. Some states within the US (notably, Nevada and Texas) have provisions for considering land allodial under state law and the term may be used in other circumstances.〔For example, the Constitution of the State of Minnesota states that "All lands within the state are allodial and feudal tenures of every description with all their incidents are prohibited." (Constitution of the State of Minnesota ).〕 Land is "held of the Crown" in England and Wales and other jurisdictions in the Commonwealth realms. Some realms (such as Australia and Canada) recognize aboriginal title, a form of allodial title that does not originate from a Crown grant. Some land in the Orkney and Shetland Islands, known as udal land, is held in a manner akin to allodial land in that these titles are not subject to the ultimate ownership of the Crown. In France, while allodial title existed before the French Revolution, it was rare and limited to ecclesiastical properties and property that had fallen out of feudal ownership. After the French Revolution allodial title became the norm in France and other civil law countries that were under Napoleonic legal influences. In October, 1854, the seigneurial system of Lower Canada, which had been ceded from France to Britain in 1763 at the conclusion of the Seven Years' War, was extinguished by the Seigneurial Tenures Abolition Act of October 1854, and a form similar to socage replaced it. Property owned under allodial title is referred to as allodial land, allodium, or an allod. In the Domesday Book it is called alod.〔(Britain Express, Domesday Book Glossary )〕 Historically, allodial title was sometimes used to distinguish ownership of land without feudal duties from ownership by feudal tenure which restricted alienation and burdened land with the tenurial rights of a landholder's overlord or sovereign. ==Legal concept== Allodial lands are the absolute property of their owner and not subject to any rent, service, or acknowledgment to a superior. Allodial title is therefore an alternative to feudal land tenure. However, historian J.C. Holt states that "In Normandy the word ''alodium'', whatever its sense in other parts of the Continent, meant not land held free of seigneurial services, but land held by hereditary right,"〔Holt, J.C. ''Colonial England 1066–1215'' The Hambledown Press 1997 p115〕 and that "''alodium'' and ''feodum'' should be given the same meaning in England."〔Holt, J.C. ''Colonial England 1066–1215'' The Hambledown Press 1997 p116〕 ''Allodium'', meaning "land exempt from feudal duties", is first attested in English-language texts in the 11th-century Domesday Book, but was borrowed from Old Low Franconian *''allōd'', meaning "full property", and attested in Latin as e.g., ''alodis'', ''alaudes'', in the Salic law (ca. A.D. 507–596) and other Germanic laws. The word is a compound of *''all'' "whole, full" and *''ōd'' "estate, property" (cf. Old Saxon ''ōd'', Old English ''ead'', Old Norse ''auðr'').〔C.T. Onions, ed., ''Oxford Dictionary of English Etymology'', s.v. "allodium" (Oxford: Oxford UP, 1996), 26–7.〕 Allodial tenure seems to have been common throughout northern Europe, but is now unknown in common law jurisdictions apart from the United States. An allod could be converted into a fief, by the owner surrendering it to a lord and receiving it back as a fief. Allodial titles are known as udal tenure in Orkney and Shetland, the only parts of the United Kingdom of Great Britain and Northern Ireland where they exist. 抄文引用元・出典: フリー百科事典『 ウィキペディア（Wikipedia）』 ■ウィキペディアで「allodial title」の詳細全文を読む スポンサード リンク
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