Tuesday, February 7, 2017

Transfer Of Property Through Twigs

Bundle Of Rights



Okay, So... 

I'm taking real estate classes to get a real estate license. In our book, Modern Real Estate Practice, 19th ed., by Fillmore W. Galaty, Wellington J. Allaway, and Robert C. Kyle (La Crosse, WI: DF Institute, Inc., d/b/a/ Dearborn Real Estate Education, 2016), on page 18 there is an illustration of twigs withe the words, "Possession, Control, Enjoyment, Exclusion, Disposition" listed next to. It is called the "Bundle of Legal Rights."  On the previous page, the authors state,

 "The concept of a bundle of rights comes from old English law. In the Middle Ages, a seller transferred property by giving the purchaser a handful or earth or a bundle of bound sticks from a tree on the property. After accepting the bundle, the purchaser became the owner of the tree from which the sticks came and the land to which the tree was attached."

I will have to do some digging to find out if this is actually true because I thought that English land in the Middle Ages was still under control of the Crown and any and all property had to have title through the approval of the King or his people. I have never heard of this before and there is no citations given. Anyone know any primary sources for this?

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