Define: Copyhold Tenant

Copyhold Tenant
Copyhold Tenant
Quick Summary of Copyhold Tenant

A copyhold tenant, also known as a customary tenant, is an individual who holds land in accordance with the traditions of a manor. They possess a documented and officially recorded title and are referred to as copyholders. It is important to note that they differ from freeholders, as copyhold tenants do not own their land completely.

Full Definition Of Copyhold Tenant

A copyhold tenant is a customary tenant who holds land according to the custom of the manor. Over time, customary tenants came to be known as copyhold tenants, holding their land with fairly specific terms. The lord has a court where the tenant appears as holding permanently, often heritably, according to the custom of the manor. In Henry III’s time, the process of securing a written, registered title for the tenant in villeinage and giving them the name of ‘copyholder’ was just beginning. The dealings with villein tenements are recorded on the lord’s court rolls, with the villein tenement being held ‘by roll of court’ or ‘by copy of court roll.’ This demonstrates how copyhold tenants hold their land according to the custom of the manor, with a written, registered title, and are known as copyholders.

Copyhold Tenant FAQ'S

A copyhold tenant is a person who holds land or property under the copyhold tenure system, which was prevalent in England and Wales until it was abolished in 1926. Under this system, tenants held their land or property by virtue of a copy of the entry in the manorial court rolls.

Under the copyhold tenure system, tenants would pay rent to the lord of the manor in exchange for the right to occupy and use the land or property. The terms and conditions of the tenancy were recorded in the manorial court rolls, and the tenant would hold a copy of the entry as evidence of their rights.

Yes, a copyhold tenant could sell or transfer their rights to another person. However, this would usually require the consent of the lord of the manor, who had the power to approve or reject such transactions.

After the abolition of the copyhold tenure system in 1926, existing copyhold tenancies were converted into freehold or leasehold tenancies, depending on the circumstances. The rights and obligations of the former copyhold tenants were adjusted accordingly.

Generally, copyhold tenants had the right to make alterations or improvements to the property, as long as they did not substantially change its character or affect the rights of the lord of the manor. However, it was advisable to seek the lord’s consent before undertaking any significant changes.

One advantage of being a copyhold tenant was the security of tenure, as long as the rent was paid and the terms of the tenancy were not breached. Additionally, copyhold tenants often had certain rights and privileges within the manorial system, such as access to common land or the right to collect certain resources.

In general, a copyhold tenant could only be evicted if they failed to pay the rent or breached the terms of the tenancy. However, the lord of the manor had the power to terminate the tenancy in certain circumstances, such as if the land was needed for a specific purpose or if the tenant committed a serious offense.

Yes, copyhold tenants had the right to seek legal recourse if their rights were infringed. They could bring a claim in the manorial court or, after the establishment of the regular courts, in the common law courts to protect their interests and seek redress for any harm suffered.

Copyhold tenancies were usually inheritable, meaning they could be passed down through generations. The rules of inheritance varied depending on the customs and practices of the particular manor, but generally, the tenancy would pass to the tenant’s heirs, such as their children or other close relatives.

While the copyhold tenure system was abolished in 1926, some remnants of copyhold tenancies may still exist today. These are rare and often have been converted into freehold or leasehold tenancies over time. It is advisable to consult with a legal professional or conduct a thorough title search to determine the nature of any existing tenancy.

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This site contains general legal information but does not constitute professional legal advice for your particular situation. Persuing this glossary does not create an attorney-client or legal adviser relationship. If you have specific questions, please consult a qualified attorney licensed in your jurisdiction.

This glossary post was last updated: 17th April 2024.

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