RESTRAINTS ON ALIENATION OF EQUITABLE INTERESTS IN MICHIGAN PROPERTY
Fratcher, William F.
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Abstract
In the Middle Ages a conveyance of land to a monastic corporation resulted in a serious loss of income to the feudal overlord. As such corporations never died, the overlord ceased to receive the reliefs payable on the death of a tenant and to enjoy the feudal incidents of wardship and marriage of minor heirs. Monks could not be compelled to perform military services and it was difficult or impossible to compel a monastery to perform other services incident to tenure. The twelfth and thirteenth centuries saw great expansion in monastic land holdings and consequent loss to the king and other overlords in income and military strength.
A statute was enacted in 1279 to put an end to conveyances to monastic corporations without the consent of the injured overlords. It provided that, when such a conveyance was made, the overlord might enter within the year and forfeit the tenant's estate.