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12 Law. & Banker & S. Bench & B. Rev. 541 (1919)
Estate Distribution and Rights

handle is hein.journals/lbancelj12 and id is 111 raw text is: Estate Distribution and Rights. By Philip A. Benson a! Brooklyn, N. Y. Historically there have been two systems under which property rights in land were recognized; they are the Alodial system and the Feudal system. Under the former, land was considered as being ab- solutely owned subject to no doimnion or control of the sovereign or any other individual. This system prevailed in England prior to the days of the Norman Conquest and is the one that we follow in this country at the present day. The Feudal system was brought to Eng- land by William, the Conqueror. It assumes the ownership of all land being held by the sovereign. The subject had the mere right to hold it and use it in exchange for the performance of services. The right to use the land was known as a feud. While these feuds were origin- ally held only for the life of the subject, they were afterward per- mitted to descend to the oldest son. Later they were sold by one per- son to another, and now have entirely disappeared. In the eyes of the law, there are two kinds of property-real prop- erty and personal property. Real property may be defined as interests in land, the duration of which is measured by a life or lives, or for- ever. Personal property is anything that is not real property. A third class of property is sometimes spoken of as mixed property; that is to say, things that, considered independently, might be personal prop- erty, but in relation to land, real property. When a building is added to the land, and when fixtures or other articles are permanently at- tached to the building, such building articles and fixtures become a part of the real property. Real .property is incapable of complete ap- propriation. Our personal property we can use and enjoy and com- pletely appropriate; we can destroy it if we will. Because of the very nature of real property, however, we can only have its present use and possible direction as to its future use. There may be a number of interests in the same piece of land owned by different people at the same time. These rights, if they come within our definition of real property are, are called estates. Other rights, while pertaining to the property, may not come within such definition and are chattel interests, and the property right in such chattel interest is considered personal property.

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