Legal Definitions - copyhold tenure

Copyhold tenure was a historical system of landholding in England, prevalent from medieval times until its abolition in the early 20th century. Under this system, a tenant did not own land outright but held it "at the will of the lord" of a specific manor, according to the established customs of that manor. The tenant's right to occupy and use the land was recorded in the manorial court rolls, and the tenant received a copy of this entry as their proof of title – hence the name "copyhold."

This form of tenure involved various obligations to the manorial lord, such as paying rent, providing services, or paying "fines" upon inheritance or transfer of the land. The land could only be transferred or inherited with the lord's permission and strictly in accordance with the manor's unique customs. Copyhold tenure was largely converted into freehold ownership by the Law of Property Act 1922 and fully abolished by 1925, simplifying land ownership in England.

Here are some examples illustrating copyhold tenure:

• A Medieval Farmer's Holding: Imagine a farmer named John in 14th-century England who cultivates a plot of land within the Manor of Blackwood. John doesn't own the land in the modern sense; instead, he holds it as a copyholder. His right to farm the land is recorded in the manor's court rolls, and he has a copy of this entry. In return for his tenure, John might be required to work a certain number of days on the lord's demesne (private land), pay a small annual rent, and seek the lord's permission if he wishes to sell his holding or pass it to his son. This demonstrates how his rights were conditional and tied to the lord and the manor's specific customs.

• An 18th-Century Cottage Inheritance: Consider the Smith family, who have lived in the same cottage on the Manor of Greenmeadow for generations. In the 18th century, when the head of the family, Thomas Smith, dies, his eldest son, William, wishes to inherit the cottage. Because the cottage is held under copyhold tenure, William cannot simply take possession. He must appear before the manorial court, pay a "fine" (a payment) to the lord of the manor, and formally be admitted as the new tenant. His name is then entered into the court rolls, and he receives a copy, confirming his right to the property under the manor's customs. This illustrates the specific procedures and payments involved in transferring copyhold land.

• A Victorian Era Property Sale: In the late 19th century, Mrs. Davies decides to sell a small parcel of land she holds in the Manor of Willow Creek. Although she has lived on and cultivated this land for decades, it is copyhold. To complete the sale to a new buyer, Mr. Evans, Mrs. Davies cannot simply sign a deed as one would with freehold land. Instead, she must surrender her interest in the land to the lord of the manor, who then formally admits Mr. Evans as the new tenant, again according to the manor's customs and often involving a payment. This highlights the lord's continuing involvement and the distinct process for transferring copyhold property compared to freehold.