Home / Scharf, J. Thomas, ed. History of Westchester County, New York, including Morrisania, Kings Bridge, and West Farms, which have been annexed to New York City, Vol. I. Philadelphia: L.E. Preston & Co., 1886. / Passage

History of Westchester County, New York, Vol. I

Scharf, J. Thomas, ed. History of Westchester County, New York, including Morrisania, Kings Bridge, and West Farms, which have been annexed to New York City, Vol. I. Philadelphia: L.E. Preston & Co., 1886. 284 words

Lender this act the State law as to tenures remained without change from its enactment in 1787 to the year 1830, when the Revised Statutes went into effect which declare that all lands since that date are allodial and abolish all incidents of the socage tenure, and, the tenure itself, using the word ' feudal ' to exl>ress it, preserving, however, all rights under the same as they had previously existed. The "Tenure of Real Property " is thus stated.

I 1. The People of this State, in their right of sovereignty, are deemed to possess the original and absolute property in and to all lands within the jurisdiction of this State; and all lands, the title to which shall fail from a defect of heirs, shall revert or escheat to the people.

^ 3. All lands within this State are declared to be allodial, so that subject only to the liability to escheat, the entire and absolute property is vested in the owners, according to the nature of their respective estates ; and all feudal tenures of every description, with all their incidents, are abolished.

^ 4. The abolition of tenures shall not take away or discharge any rents or services certain, which at any time heretofore have been, or may hereafter be, created or reserved ; nor shall it be construed to afi'ect to change the powers or jurisdiction of any Court of Justice in this State.'

From and after 1830, therefore, the land tenure of New York has been and continues to be purely allodial. The vested rights and incidents of the former socage tenures were preserved, but the erection of any other tenure than a pure allodial one is forbidden.