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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Thus, in Second Life, sublicensing is the new subinfeudation. (139) The medieval law of land transfer that entangled purchasers in a web of feudal interests before the passage of Quia Emptores has now reappeared in our current law in the form of sublicensing virtual land.
Technology has brought us full circle: if we believe that members of a virtual world only hold virtual land under licence from the Community Service Provider; and those who purchase from them are under sublicence; and "sub-sublicence", and so on, we have nearly perfectly recreated the pre-Quia Emptores world of subinfeudation in land.
economic incentives to fragment land by subinfeudation, particularly to
further fragmentation via subinfeudation and, in exchange, gave tenants
In effect, managers have a choice: they can either learn to 'make out' in this new environment by acquiring survival techniques that may well be judged to be opportunistic by the old guard; or, through a process that might be termed 'subinfeudation', they can seek the protective embrace of a supervising bureaucracy that will exact a tribute in the form of 'loyalty'.
As every first-year law student learns, the statute Quia Emptores, (75) enacted in 1290, prohibited the creation by subinfeudation of new feudal lordships.
The Domesday Book, the great survey of the land of England, which was completed some twenty years after the Norman conquest, see WOOD, supra note 11, at 17-25, reflected a custom well under way; that is, the process of "subinfeudation," by which the barons granted to their soldiers or knights small land holdings around the baronial residence so that they would be available for immediate service if the need arose.