Copyhold was a form of customary land ownership common from the Late Middle Ages into modern times in England. The name for this type of land tenure is derived from the act of giving a copy of the relevant title deed that is recorded in the manorial court roll to the tenant; not the actual land deed itself. The legal owner of the manor land remained the mesne lord, who was legally the copyholder, according to the titles and customs written down in the manorial roll.[1] [2] In return for being given land, a copyhold tenant was required to carry out specific manorial duties or services. The specific rights and duties of copyhold tenants varied greatly from one manor to another and many were established by custom. By the 19th century, many customary duties had been replaced with the payment of rent.
Copyhold was directly descended from the feudal system of villeinage which involved giving service and produce to the local lord in return for land. Although feudalism in England had ended by the early 1500s,[3] forms of copyhold tenure continued in England until being completely abolished by the Law of Property Act 1925.
The privileges granted to each tenant, and the exact services he was to render to the lord of the manor and/or lord paramount in return for them, were described in the roll or book kept by the steward, who gave a copy of the relevant entry to the tenant. Consequently, these tenants were afterwards called copyholders, in contrast to freeholders.[4] The actual term "copyhold" is first recorded in 1483, and "copyholder" in 1511–1512. The specific rights and duties of copyholders varied greatly from one manor to another and many were established by custom. Initially, some works and services to the lord were required of copyholders (four days' work per year for example), but these were commuted later to a rent equivalent. Each manor custom laid out rights to use various resources of the land such as wood and pasture, and numbers of animals allowed on the common. Copyholds very commonly required the payment of a type of death duty called an heriot to the lord of the manor upon the decease of the copyholder.
Two main kinds of copyhold tenure developed:
Copyhold land often did not appear in a will. This is because its inheritance was already pre-determined by custom, as just described. It could not therefore be given or devised in a will to any other person. In some instances, the executor of the estate held the copyhold for the term of one year after the decease of the testator, which was called the "executor's year", in parallel with the same concept in common law. Language regarding the disposal of the profits of the executor's year or of a heriot often indicates a copyhold.
| Short Title: | Copyhold Act 1841 |
| Type: | Act |
| Parliament: | Parliament of the United Kingdom |
| Long Title: | An Act for the Commutation of certain Manorial Rights in respect of Lands of Copyhold and Customary Tenure, and in respect of other Lands subject to such Rights, and for facilitating the Enfranchisement of such Lands, and for the Improvement of such Tenure. |
| Year: | 1841 |
| Citation: | 4 & 5 Vict. c. 35 |
| Royal Assent: | 21 June 1841 |
| Repealing Legislation: | Copyhold Act 1894 |
| Status: | repealed |
| Collapsed: | yes |
| Short Title: | Copyhold Act 1843 |
| Type: | Act |
| Parliament: | Parliament of the United Kingdom |
| Year: | 1843 |
| Citation: | 6 & 7 Vict. c. 23 |
| Repealing Legislation: | Copyhold Act 1894 |
| Status: | repealed |
| Collapsed: | yes |
| Short Title: | Copyhold Act 1844 |
| Type: | Act |
| Parliament: | Parliament of the United Kingdom |
| Year: | 1844 |
| Citation: | 7 & 8 Vict. c. 55 |
| Royal Assent: | 29 July 1844 |
| Repealing Legislation: | Copyhold Act 1894 |
| Status: | repealed |
| Collapsed: | yes |
| Short Title: | Copyhold Act 1852 |
| Type: | Act |
| Parliament: | Parliament of the United Kingdom |
| Year: | 1852 |
| Citation: | 15 & 16 Vict. c. 51 |
| Royal Assent: | 30 June 1852 |
| Repealing Legislation: | Copyhold Act 1894 |
| Status: | repealed |
| Collapsed: | yes |
| Short Title: | Copyhold Act 1858 |
| Type: | Act |
| Parliament: | Parliament of the United Kingdom |
| Long Title: | An Act to amend the Copyhold Acts. |
| Year: | 1858 |
| Citation: | 21 & 22 Vict. c. 94 |
| Royal Assent: | 2 August 1858 |
| Repealing Legislation: | Copyhold Act 1894 |
| Status: | repealed |
| Collapsed: | yes |
| Short Title: | Copyhold Act 1887 |
| Type: | Act |
| Parliament: | Parliament of the United Kingdom |
| Year: | 1887 |
| Citation: | 50 & 51 Vict. c. 73 |
| Repealing Legislation: | Copyhold Act 1894 |
| Status: | repealed |
| Collapsed: | yes |
| Short Title: | Copyhold Act 1894 |
| Type: | Act |
| Parliament: | Parliament of the United Kingdom |
| Long Title: | An Act to consolidate the Copyhold Acts. |
| Year: | 1894 |
| Citation: | 57 & 58 Vict. c. 46 |
| Territorial Extent: | England and Wales |
| Royal Assent: | 25 August 1894 |
| Repealing Legislation: | Statute Law (Repeals) Act 1969 |
| Status: | repealed |
| Original Text: | https://www.legislation.gov.uk/ukpga/1894/46/pdfs/ukpga_18940046_en.pdf |
| Collapsed: | yes |
Copyholds were gradually enfranchised (turned into ordinary holdings of land - either freehold or 999-year leasehold) as a result of the Copyhold Acts during the 19th century. By this time, servitude to the lord of the manor was merely token, discharged on purchasing the copyhold by payment of a "fine in respite of fealty". The Copyhold Acts of 1841, 1843, 1844, 1852, 1858 and 1887 were consolidated in the Copyhold Act 1894.[6]
Part V of the Law of Property Act 1925 finally abolished all remaining statutes.