The realm of England was claimed by the Conqueror and his successors on the throne. On the theory of possession by conquest, the feudal system of tenure was built and developed. The Sovereign granted land to his soldiers and favourites, or left it in possession of the ancient holders, at his own pleasure. In return, those who enjoyed the property undertook various obligations to the lord paramount, such as military services. The grants were at first made for the lifetime of the holders; but ere long the rights and duties were extended to the succeeding heirs. Landowners holding thus of the king conveyed portions of their estates to their retainers, in return for services to be rendered. These services were usually either of a military or an agricultural character. With the advance of time, the progress of civilization, and the development of the arts of peace, the latter mode of compensation for the use of land gradually superseded the former; and after the Restoration the feudal burdens were abrogated by law. Since the abolition of these uncertain incidents of land tenure, the obligations subsisting among the holders of the several rights and interests pertaining to lands and tenements have been reducible to a money standard, with at least an approximation to justice and accuracy.

The custom of letting land for agricultural or building purposes i s a very ancient one, the earliest records of such a custom being those which have been preserved in the Institutes of Justinian. From these records we discover that under the Roman Empire there were in use four distinct forms of leasehold tenure. The most important tenure was that known as Emphyteusis—a Greek word meaning planting—which was introduced in the 2nd century, and arose out of the practice of making perpetual leases of provincial lands belonging to the State and acquired by the rights of war. This tenure was afterwards adopted by private proprietors, who, through inability to devote sufficient time or trouble to the cultivation of their property, preferred to let it to a suitable tenant called the Emphyteuta, who agreed to pay an annual rent for the use of the land. Of a similar nature to Emphyteusis was the tenure called Superficies, by which a landed proprietor conceded to another person an area of ground for the erection of buildings without parting with the ownership of the soil. A third class was that known as Precarium, which, being equivalent to a tenancy at will, could be determined by the grantor at his pleasure. Lastly, there was a general system of short leaseholds, the usual term being five years, at the end of which the lease might either be renewed or be considered as one from year to year. In all leases the tenant was bound to pay the burdens attached to the holding of the land and to deliver the receipts to the owner (1).