Legal Definitions - extinguishment of copyhold

Extinguishment of copyhold refers to the legal process by which a historical form of land tenure, known as copyhold, was brought to an end. Copyhold was a type of land ownership common in England for centuries, where a tenant held land according to the customs of a manor, often with certain obligations to the lord of that manor. It was considered a lesser interest than full freehold ownership, which represents complete and perpetual ownership of land.

The extinguishment of copyhold occurred when the same individual acquired both the copyhold interest (the tenant's rights) and the freehold interest (the superior ownership rights, typically belonging to the lord of the manor) for the identical piece of land, and held both interests in the same legal capacity. When this happened, the lesser copyhold interest merged into the greater freehold interest, effectively ceasing to exist and converting the land into full freehold property.

Here are some examples illustrating the extinguishment of copyhold:

• Example 1: Lord Acquires Tenant's Interest

  Imagine a medieval manor where Lord Blackwood holds the freehold over all the land. One of his tenants, Farmer Giles, holds a specific 10-acre plot as copyhold, meaning he has rights to farm it according to the manor's customs but doesn't own it outright. Farmer Giles decides to emigrate and sells his copyhold interest in the 10 acres directly to Lord Blackwood.

  How it illustrates the term: Lord Blackwood already possessed the freehold interest in the 10 acres. By purchasing Farmer Giles's copyhold interest, Lord Blackwood now holds both the freehold and copyhold interests for that same 10-acre plot. Since both interests are united in the same person (Lord Blackwood) and in the same right (as owner), the copyhold interest is extinguished. The 10 acres simply become part of Lord Blackwood's unencumbered freehold estate.

• Example 2: Tenant Purchases Lord's Interest (Enfranchisement)

  Consider a village in the early 20th century, before copyhold was largely abolished. Mrs. Davies holds a small cottage and garden as copyhold from the local manor. She has lived there for generations and wishes to own the property outright. She saves diligently and eventually negotiates with the current Lord of the Manor to purchase his freehold interest specifically in her cottage and garden.

  How it illustrates the term: Before the purchase, Mrs. Davies only had the copyhold interest. By buying the Lord's freehold interest in that same land, she now holds both the copyhold (tenant's right) and the freehold (superior ownership) for her cottage and garden. The copyhold interest is extinguished because it merges into the freehold, giving Mrs. Davies full, unencumbered freehold ownership of her property. This process was often referred to as "enfranchisement."

• Example 3: Inheritance Leading to Merger

  In the 18th century, Sir Reginald owns a vast estate as freehold. A small, isolated parcel within his estate is held as copyhold by a distant relative, Mr. Finch. Mr. Finch unexpectedly dies without a direct heir and, through a complex will, leaves all his property, including his copyhold interest in that small parcel, to Sir Reginald.

  How it illustrates the term: Sir Reginald already held the freehold interest over the entire estate, which encompassed the land Mr. Finch held as copyhold. Upon inheriting Mr. Finch's copyhold interest in that specific parcel, Sir Reginald now holds both the freehold and copyhold interests for that land. Because these interests are united in the same person (Sir Reginald) and in the same right (as owner/inheritor), the copyhold tenure of that parcel is extinguished, and it becomes fully freehold within Sir Reginald's estate.