Legal Definitions - borough English

Borough English was a historical legal rule of inheritance that applied to land in certain parts of England. Unlike the more common practice where the eldest son inherited everything (known as primogeniture), Borough English mandated that the youngest son would inherit all of his father's land upon the father's death.

In situations where a landowner had no sons, the rule could sometimes extend to the youngest daughter or even the youngest collateral relative, such as the youngest brother, if the landowner had no children. This unique system specifically applied to particular types of land ownership, known as socage tenures, and was eventually abolished by statute in 1925.

Here are some examples illustrating how Borough English would have operated:

• Example 1: Inheritance by the Youngest Son

  Imagine a landowner named Mr. Thompson living in a village in Kent, an area historically known for Borough English. Mr. Thompson had three sons: George, Henry, and Ian. Ian was the youngest of the three. When Mr. Thompson passed away, under the rule of Borough English, Ian, the youngest son, would inherit all of his father's land, rather than George, the eldest son.

• Example 2: Inheritance by the Youngest Daughter

  Consider Mrs. Eleanor Vance, who owned land in a region where Borough English was in effect. Mrs. Vance had two daughters, Sarah and Emily, but no sons. Emily was the younger daughter. In this specific scenario, where the rule sometimes extended beyond sons, Emily, as the youngest daughter, would inherit Mrs. Vance's land according to the principles of Borough English.

• Example 3: Inheritance by the Youngest Brother

  Suppose Mr. Arthur Sterling owned land under a socage tenure in a Borough English area. Mr. Sterling died without any children. He had two younger brothers, Peter and Robert, with Robert being the youngest of the three siblings. Since Mr. Sterling had no direct descendants, the rule of Borough English would dictate that his youngest brother, Robert, would inherit his land, demonstrating how the rule could apply to collateral heirs in the absence of direct issue.