Statute of Uses

Statute of Uses

The Statute of Uses (enacted in 1535 and effective in 1536) is an Act of the Parliament of England (27 Hen. VIII c. 10) passed during the reign of Henry VIII which converted all English equitable estates that were created through "use" into legal estates. Thus, a grant of property to A under common law with the equitable title going to B ("to A for the use of B") would result in A losing title and B possessing the full title to the land.

Section 1 – Where any person or persons stand to be seized, or at any time hereafter shall happen to be seized, of any…lands, tenements, rents, services, reversions, remainders, or other hereditaments, to the use, confidence, or trust of any other person or persons, or any body politique, by reason of any [conveyance] , contract, agreement, will or otherwise...in every such case, all and every such person and persons, and bodies politique, that have, or hereafter shall have any such use, confidence or trust, in fee simple, fee tayle, for terme of life or years, or otherwise…or any use, confidence or trust, in remainder or reverter, shall from henceforth stand and be seized, deemed, and adjudged in lawful seizin... [etc.] ...of and in such like estate, as they had or shall have, in use, trust or confidence...

It has often been stated Who|date=July 2007 that the purpose of the rule was to eliminate loopholes in property law that allowed possessors of land to avoid paying taxes on their property by holding it in equity. However, as a matter of realistic politics the major purpose was to facilitate the dissolution of the monasteries. In order to avoid the Statutes of Mortmain, legal title to much if not most of the lands of the monasteries was held by foeffees to use (the equivalent of the modern "trustees") for the benefit of the monasteries. The statute vested legal title in the monasteries, thus facilitating the reversion of the lands to the Crown by virtue of the statutes rendering the King head of the Church in England.

Once the Statute had served its political purpose, the "use" was reinvented by legal sleight of hand in the form of the "trust." A grant in fee simple "unto and to the use of A in trust for B" resulted in a use for A, which was executed into a grant in fee to A in trust for B; the trust (in effect another name for a use) was not executed by the statute on the principle that a use upon a use was void – but was effective as a newfangled "trust." Similar reasoning enabled what are called executory interests today, which would have been void at law prior to the Statute of Uses.

See also

* Feoffee
* Feu
* Quia Emptores (1290)
* Statute of Wills (1540)
* Statute of Frauds (1677)
*Cestui que

External links

* [http://instruct.uwo.ca/law/425-002/LAND/Uses.htm Examples of Operation of the Statute]


Wikimedia Foundation. 2010.

Игры ⚽ Поможем сделать НИР

Look at other dictionaries:

  • statute of uses — An English law enacted in 1535 to end the practice of creating uses in real property by changing the purely equitable title of those entitled to a use into absolute ownership with the right of possession. Dictionary from West s Encyclopedia of… …   Law dictionary

  • Statute of uses — Use Use, n. [OE. us use, usage, L. usus, from uti, p. p. usus, to use. See {Use}, v. t.] [1913 Webster] 1. The act of employing anything, or of applying it to one s service; the state of being so employed or applied; application; employment;… …   The Collaborative International Dictionary of English

  • Statute of Uses — An English statute of 1536 (27 Henry VIII ch 10), generally recognized as a part of the common law of states of the United States, which gave a legal status to so called uses theretofore recognized only in equity, providing that the legal title… …   Ballentine's law dictionary

  • Statute of Wills — Infobox UK Legislation short title=Statute of Wills parliament=Parliament of England long title=The Act of Wills, Wards, and Primer Seisins, whereby a Man may devise Two Parts of his Land. statute book chapter=Hen. 8 32, c.1 introduced by=… …   Wikipedia

  • statute — A formal written enactment of a legislative body, whether federal, state, city, or county. An act of the legislature declaring, commanding, or prohibiting something; a particular law enacted and established by the will of the legislative… …   Black's law dictionary

  • uses — See use; Statute of Uses …   Ballentine's law dictionary

  • statute of limitations — 1 a: a statute establishing a period of time from the accrual of a cause of action (as upon the occurrence or discovery of an injury) within which a right of action must be exercised compare laches, statute of repose b: a criminal statute… …   Law dictionary

  • Statute of Kalisz — The General Charter of Jewish Liberties known as the Statute of Kalisz was issued by the Duke of Greater Poland Boleslaus the Pious on September 8, 1264 in Kalisz. The statute served as the basis for the legal position of Jews in Poland and led… …   Wikipedia

  • Statute of Charitable Uses — An act of parliament passed in 1601 to protect the property of charitable institutions and placing them under the general supervision of the lord chancellor. 43 Elizabeth, ch 4. For text of statute, see Am J2d Desk Book, Document 113 …   Ballentine's law dictionary

  • covenant to stand seised to uses — A covenant by which a man, seised of land, covenants in consideration of blood or marriage that he will stand seised of the same to the use of his child, wife, or kinsman, for life, in tail, or in fee. In such case, the statute of uses executed… …   Ballentine's law dictionary

Share the article and excerpts

Direct link
Do a right-click on the link above
and select “Copy Link”