subinfeudation

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subinfeudation

the process whereby a freehold estate was created out of another freehold estate to be held by the grantee of the grantor in return for specified services or amounts of produce or money. The grant created a tenurial relationship between the parties. Subinfeudations (except those made by the Crown) were forbidden by the statute QUIA EMPTORES 1290.

SUBINFEUDATION, estates, English law. The act of an inferior lord by which he carved out a part of an estate which he held of a superior, and granted it to an inferior tenant to be held of himself.
     2. It was an indirect mode of transferring the fief, and resorted to as an artifice to elude the feudal restraint upon alienation: this was forbidden by the statute of Quia Emptores, 18 Ed. I; 2 Bl. Com. 91; 3 Kent, Com. 406.

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This is because the tenant and assignee or undertenant will first want to know from the landlord whether the landlord approves the transaction in principle.
The undertenant then sought to terminate the agreement for lease, on the ground that the landlord's consents had not been obtained in time.
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