Legal Term for Reversion of Property to Feudal Lord
Escheatment is the process of returning lost or unclaimed items to a state government for safe storage until the owner(s) are identified. The geographic jurisdiction of the state is determined by the last known address of the original owner. Each of the United States has laws governing fraud, with detention periods of about five years. The legal principle behind escheatment is that all properties have a legally recognized owner. If the original owner cannot be found within a certain period of time, the government is considered the owner.  Although these betrayed assets belong to the Crown, they do not form part of the Crown domain unless the Crown (through the Commissioners of the Crown`s estates) „supplements” the escheaters by taking steps to exercise its rights as owner. However, in the above example, tenants of dwellings or their mortgagees would normally use their rights under the Insolvency Act 1986 to obtain transfer of ownership. This is the main difference between escheatment and bona vacantia, since in the latter case, a donation is made automatically without the need to „close” the transaction. One of the consequences of the Land Registry Act of 1925 was that only real estate (real estate or leases) could be registered. Lands held directly by the crown and known as property within „royal property” are not held under vestigial feudal rule (the crown has no historical overlord, except for a short period the papacy) and therefore there is no succession that must be recorded.
As a result, real property remitted to the Crown was no longer registrable. This has resulted in a slow exit of ownership from registration, amounting to a few hundred title deeds each year. Once a dormancy is put in place, the state is endowed with ownership of the property. The title obtained by the State on the basis of a cheat decree is subject by law to the administrative costs incurred after the death of the previous owner. In re Estate of Clark, 271 A.D. 691 (N.Y. App. Div. 1947). If a state law establishes a time limit within which a claim for fraudulent property can be claimed, the state holds the property until the expiration of the legal period. An Escheat is not preferred by law. Any doubt as to whether the property is subject to escheatment is dispelled against the State.
Walter v. Walter (In re Estate of Walter), 97 p.3d 188 (Colo. Ct. App. 2003). In most states, there are only certain limited situations in which a state has the right to take possession by escheat: it is a common law doctrine that ensures that property does not remain abandoned and ownerless. In feudal times, he referred to certain situations in which an existing legal interest in land and land was eliminated by operation of law, so that ownership of the land reverted to the directly superior feudal lord. In modern jurisprudence, escheatment includes a situation where a government acquires ownership of abandoned movable property as well as real property. At the time of the Norman conquest of England in 1066, the whole country of England was claimed as the personal property of William the Conqueror under the allodial title. The monarch thus became the sole „owner” of all the lands of the kingdom, a position that continues to this day. He then granted it to his preferred supporters, who thus became tenants, under various feudal land tenure contracts. Such possessions, even the highest in the „feudal barony,” never conferred ownership of land, but only ownership of rights, that is, ownership of an estate.
These people are therefore correctly called „landowners” or „tenants” (from the Latin teneo hold), not owners. If they were kept free, i.e. by immovable property, such property could be inherited by the legal heir of the holder. In exchange for the payment to the treasury of a bounty known as feudal relief, this heir was entitled to demand from the king a new inculcation with the fee in question. From the 12th century, the crown appointed escheators to manage escheats and report back to the treasury, with one escheator per county established in the mid-14th century. After the death of a tenant, the escheator was instructed by a writ de diem clausit extremum („he closed his last day”, i.e. he died) issued by the king`s chancellery to appoint a jury to hold a „post-mortem inquisition” to determine who was the legal heir, if any, and how big the country was. This would show whether the king had rights to the land. It was also important for the king to know who the heir was and to assess his personal qualities, as he would now be part of the royal army when he was under military servitude. In case of doubt, the escheator confiscated the land and sent the matter back to the king`s court, where it was settled to ensure that the revenues would not be lost one day.
It would be a concern for landowners if there were delays on the part of the court. The term is now often applied to the transfer of ownership of property from a person to the State when the person dies without inheritance without another person being able to assume ownership as heir. For example, the intestate succession law of a common law jurisdiction could provide that if a person dies without a will and is not survived by a spouse, descendants, parents, grandparents, descendants of parents, children or grandchildren of grandparents or great-grandchildren of grandparents, the person`s estate is returned to the Crown. Escheatment can still occur in England and Wales if a person goes bankrupt or a business is wound up. Typically, this means that all of that person`s assets are „transferred” (transferred) to the receiver or official receiver. However, the insolvency practitioner or trustee is free to refuse to accept such property by refusal. It is relatively common for a receiver to reject real estate that may give rise to liability, for example, the common elements of a building owned by the bankrupt would normally pass to the trustee to pay off his debts, but the property may give the owner the obligation to spend money on the tenants of the apartments. The bankruptcy of the original owner means that the property is no longer the legal property of the bankrupt and the renunciation destroys the land so that the land no longer belongs to anyone and effectively escapes to become land owned by the crown. This situation affects several hundred properties each year. Property must belong to someone, and the last resort for property left without heirs must clearly be the state. Escheatment is less common than we think, because even assets left without heirs often have creditors who have rights, whether mortgages or trust deeds or privileges of hospitals and medical care providers who helped in the last days of the deceased, remain unpaid and thus receive judgments that can be enforced against the property. In such cases, timing is paramount, because if ownership passes to the state before obtaining a guarantee against ownership, the right to claim against ownership is lost.