Legal Definitions - copyhold

Copyhold was a historical form of land ownership in England, abolished by law in 1922. It represented a type of 'base tenure,' meaning it was of a lower status compared to freehold ownership, which granted full and perpetual rights to the land. Under copyhold, a tenant held land from the lord of a manor, not through a formal deed like today, but 'by copy of the court roll.'

This meant that the tenant's right to occupy and use the land, along with the specific duties and services they owed to the lord, were officially recorded in the manor's administrative court records. These obligations were determined by the long-standing customs of that particular manor and could include labor, agricultural produce, or monetary payments. The tenant's proof of ownership was literally a copy of the entry from these court rolls.

Originally evolving from unfree tenures, copyhold gradually became more secure over centuries, with the customs of the manor providing increasing protection for tenants. However, its complex and archaic nature led to its eventual abolition, converting all copyhold land into either freehold or leasehold.

Here are some examples illustrating copyhold tenure:

• The Farmer's Customary Service: Imagine a farmer named Thomas in the year 1680, who holds a plot of land within the Manor of Blackwood under copyhold tenure. The manor's court rolls dictate that in exchange for his right to farm the land, Thomas must spend three days each spring plowing the lord's personal fields and provide the lord with a certain quantity of grain after each harvest.

  This illustrates copyhold because Thomas's right to his land is directly tied to performing specific, customary services for the lord, as recorded in the manor's historical documents, rather than simply paying rent or owning the land outright.

• Inheriting a Cottage: In 1895, Sarah wishes to inherit a small cottage and garden from her recently deceased father, who held the property as copyhold land within the Manor of Greenmeadow. To legally transfer the property into her name, Sarah must appear before the manor court. The court formally acknowledges her as the new tenant, and this change of ownership is meticulously recorded in the manor's official court rolls. Sarah receives a certified "copy" of this entry as her legal proof of title.

  This example highlights the "by copy of the court roll" aspect. Ownership was not transferred by a modern deed but through a formal process within the manor court, with the court's records serving as the definitive proof of tenure.

• The Village Shopkeeper's Obligation: Consider Mr. Davies, a shopkeeper in a small village in 1921, just before the abolition of copyhold. The land his shop stands on is copyhold, part of the ancient Manor of Redstone. While his ancestors might have owed labor, Mr. Davies's current obligation has long been commuted to a fixed annual payment of a few shillings to the Lord of Redstone, along with a small fee whenever the property is sold or inherited.

  This demonstrates the evolution of copyhold, where customary services often transformed into monetary payments over time. Despite the payment resembling rent, the underlying legal structure was still copyhold, tied to the manor and its specific customs, distinct from modern leasehold or freehold arrangements.