Deeds, Titles, and Changing Concepts of Land Rights by David Ress

Author:David Ress
Language: eng
Format: epub
ISBN: 9783030641917
Publisher: Springer International Publishing

The complexities of English land law, Torrens continued, could be “clearly traced to the subtle devices resorted to in feudal times in order to evade the tyrannical exactions of arbitrary power.”47 Those complexities were maintained by the “high conservative feeling of the landowners of England tending to maintain the feudal principle of inalienability in contradistinction to the modern principle of convertability,” an anachronism that inhibited progress.48 For:In England in ninety nine cases out of one hundred the property is in a highly improved state when possession is taken and its value far exceeds the sum expended in improvement by the existing occupier. In the colonies all this is reversed; the improvements are in nine cases out of ten effected with capital of the party in possession … and the land itself is of little value compared with the sum invested on it in improvements Hence a rule of law sufficiently grievous in the old country inflicts an amount of wrong positively outrageous when applied to countries still in the course of settlement.49

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