Military Tenure and Knights Service – The Foundation of the Current System
A fascinating dive into history, this article examines how medieval landholding systems influence today’s property laws. Understand the legacy of feudal tenure and its surprising connections to modern lease agreements and property rights in Australia.
The cost of the knight’s provision of service to the king for the first forty days in the year was borne by the tenant by way of consideration for the lands that were held. Any further service required beyond that time was at the king’s cost and payable to the knight or the tenant.
In 1159 Henry II introduced scutage as a form of compensation for unfulfilled units of king’s service. This found its way into English law as a form of tax payable to the crown, bringing with it the use of currency as a means of valuing an annual tenancy.
We will continue our reflection on the origins of tenancy in the English system and in Australia in later editions of this newsletter. For now, if you have any queries regarding leasing in modern-Australia please contact our friendly staff to discuss.