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Legal Definitions - copyhold tenant
Definition of copyhold tenant
A copyhold tenant was a historical type of landholder in England who occupied land belonging to a lord of a manor. Their right to the land was not based on a formal deed or absolute freehold ownership, but rather on the established customs of that particular manor, which were recorded in the manor's official court rolls. This form of tenure meant the tenant held the land "at the will of the lord according to the custom of the manor," and their rights, duties, and ability to pass the land to heirs were governed by these local customs. While they had a secure interest in the land as long as they fulfilled their obligations, they did not own it outright in the same way a freehold owner would. Copyhold tenure was largely abolished in the early 20th century, converting most such holdings into freehold.
Imagine a farmer in 17th-century rural England who cultivates a plot of land that has been in his family for generations. He doesn't possess a modern deed, but his right to farm the land, pay a small annual rent to the local lord, and pass it to his eldest son upon his death is meticulously recorded in the manor's official register, known as the "court roll." This farmer is a copyhold tenant because his tenure is based on the established customs of the manor, documented in its records, rather than absolute ownership.
Consider a village blacksmith in the 18th century who lives in a cottage and operates his workshop on land belonging to the local baron. In addition to a monetary payment, the custom of the manor requires him to periodically sharpen the lord's tools or provide a certain number of days of labor during the harvest season. If he fails to perform these customary services, the lord could, in theory, reclaim the land. This blacksmith is a copyhold tenant because his occupancy and obligations are defined by the manor's customs and recorded in its rolls, placing him under the lord's authority for that specific land.
Suppose a widow in the late 19th century wishes to sell a small parcel of land she inherited from her husband, which was held under copyhold tenure. To do so, she would first have to formally surrender the land back to the lord of the manor in the manorial court, and then the new buyer would be formally admitted by the lord, with both transactions recorded in the court rolls. She couldn't simply transfer it with a modern deed like freehold property. This process highlights her status as a copyhold tenant, where the lord's involvement and adherence to manorial customs were essential for any transaction involving the land.
Simple Definition
A copyhold tenant was a historical landholder whose right to occupy and use land was based on the custom of a specific manor. Their tenure was recorded in the manorial court rolls, and they received a "copy" of this entry as proof of their title.