| Allodial title is a concept in some systems of property
law. It describes a situation where real property (land, buildings
and fixtures) is owned free and clear of any encumbrances,
including liens, mortgages and tax obligations. Allodial title
is inalienable, in that it cannot be taken by any operation
of law for any reason whatsoever.
In common legal use, allodial title is used to distinguish
absolute ownership of land by individuals from feudal ownership,
where property ownership is dependent on relationship to a
lord or the sovereign. Webster's first dictionary (1825 ed)
says allodium is "land which is absolute property of
the owner, real estate held in absolute independence, without
being subject to any rent, service, or acknowledgement to
a superior. It is thus opposed to feud.
True allodial title is rare, with most property ownership
in the common law world—primarily, the United Kingdom, the
United States, Canada, Australia and New Zealand—described
more properly as being in fee simple. In particular, land
is said to be "held of the Crown" in England and
Wales and the Commonwealth realms. In England, there is no
allodial land, all land being held of the Crown; even in the
United States most lands are not allodial, as evidenced by
the existence of property taxes. Some of the Commonwealth
realms recognise native title, a form of allodial title that
does not originate from a Crown grant.
In France while allodial title existed before the French
Revolution it was rare and limited to ecclesiastical properties
and property that had fallen out of feudal ownership. After
the French Revolution allodial title became the norm in France
and other civil law countries that were under Napoleonic legal
influences. Interestingly Quebec adopted a form of allodial
title when it abolished feudalism in the mid-nineteenth century
making the forms of ownership in Upper and Lower Canada remarkably
similar in substance.
Property owned under allodial title is referred to as allodial
land, allodium, or an allod.
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