Subinfeudation - the granting of a
portion of an estate by a feudal tenant to
a subtenant, held from the tenant on
terms similar to those of the grant to the
tenant.
A trust is a way of dividing property
Way to avoid feudal
incidents/duties on
death of a party
Conveyance to a 3rd Party (feoffee to
uses) on basis that property to be held for
benefit of a beneficiary (cestui que use)
The use
Reasons for the use
Knights going on crusade - transferred
property for the use of another
Franciscans - vow of poverty
way to keep their vows and still derive benefit from
property - though technically held by another
minimise the threat of fraud
Role of conscience - not
enforceable by common law so
relied on equity
Statute of Uses 1535
because of loss of revenue it directed legal estate
to be vested in the beneficiary