The Origins of American Real Estate Law By Gerald Netzky

1. The Origins of American Real Estate Law
By Gerald Netzky
As Senior Corporate Counsel for real estate company JGK Development,
Gerald Netzky applies an extensive knowledge of the legal issues
surrounding real estate development and transactions. Here, he gives a
brief introduction to the historical background of real estate laws.
American real estate law stems primarily from the British system, which
can ultimately be traced back to early feudalism. Feudalism began with a
primarily lawless form of land ownership, in which one could take
possession of land by attacking and defeating the original owners. In 1066,
William the Conqueror became England's sovereign ruler and took
possession of all of its land. He then formed agreements with local lords to
manage and work the land, and these lords would then sub-contract the
actual working of the land to tenants.
Tenant law underwent a number of changes after this time, including the
introduction of laws that allowed tenants to sell or pass on their claim on
the land. However, even in these cases, the crown was the ultimate owner.
This quickly changed when the British settled America; however, the
ownership of many of the nation's oldest land parcels can in fact be traced
back to early rulers