Legal Definitions - enfranchisement of copyhold

Enfranchisement of copyhold refers to a historical legal process in English land law where a type of land ownership known as copyhold was converted into freehold.

To understand this, it's helpful to know the difference between these two forms of land tenure:

• Copyhold: This was a feudal form of landholding where a tenant held land "at the will of the lord" of a manor, according to the customs of that specific manor. The tenant's rights were recorded in the manor's court rolls (hence "copy"). While copyholders often had inheritable rights to use the land, they did not own it outright. They were subject to various duties, payments (like 'fines' upon inheritance or transfer), and restrictions imposed by the lord of the manor.
• Freehold: This represents full and absolute ownership of land. A freehold owner has the most extensive rights over their property, free from the feudal obligations, customs, and restrictions associated with copyhold tenure.

The process of enfranchisement essentially "freed" the land and its owner from these historical feudal ties and customs, granting them full, modern ownership. This conversion could occur through several mechanisms, typically involving an agreement between the copyholder and the lord of the manor:

1. The lord of the manor directly conveyed the full ownership (known as the 'fee simple') of the land to the copyholder.
2. The lord of the manor formally released all his feudal rights and claims over the copyhold land, thereby transforming it into freehold.

Here are some examples to illustrate this historical process:

• Example 1: A Farmer Seeking Full Control

  Imagine a family of farmers in the 18th century who have worked the same plot of land for generations under copyhold tenure. They wish to expand their operations, build a large, modern barn, and secure a bank loan using the land as collateral. However, the copyhold restrictions, such as needing the lord's permission for significant improvements or the inability to freely mortgage the land, hinder their plans. The farmers approach the lord of the manor and, for an agreed-upon payment, the lord executes a legal deed that transfers the full ownership (fee simple) of the land directly to the farming family. This act of enfranchisement converts their copyhold into freehold, giving them complete control over their property, allowing them to develop it as they wish, and use it as collateral for their loan without manorial interference.

• Example 2: A Village Modernizing Property Rights

  Consider a small village in the early 20th century where many of the residential properties and common lands are still held under copyhold. Residents find the archaic system cumbersome, involving small annual payments or duties to the lord, and the need to register property transfers in the manor court. To modernize the village's property system and encourage development, the current lord of the manor decides to formally release all his remaining feudal rights and claims over these copyhold properties. This legal declaration, often part of a broader initiative to simplify land tenure, automatically converts all the affected copyhold properties into freehold. This enfranchisement frees the villagers from their historical obligations, giving them full, unencumbered ownership of their homes and plots, and simplifying future transactions.