CUSTOMARY PROPERTY. Customary freeholds, or privileged copyholds, are some what similar to ordinary copyholds. The property, however, is not held at the will of the lord, and it can be conveyed by deed, or by bargain and sale, as well as by sur render, but like copyhold property a pur chaser's title requires to be completed by admittance.
In a conveyance of customary property, J. Brown to J. Jones. Brown would (by and with the licence and consent of Lord of the Manor of or his steward or commissioner thereunto lawfully rised) bargain. sell, surrender, release and convey unto the said J. Jones all that to hold the said premises unto the said Jones. his heirs and assigns according to the custom of the Manor of yielding and paving therefor yearly unto the said Lord of the Manor the yearly customary rent of and also paying and performing all other rents, duties, customs and services therefor due and of right accustomed to be paid. kept, done and performed.
Indorsed upon the deed would be licence, as follows :—" On behalf of Lord of the Manor of I authorise the within deed, provided the same be in no was prejudicial to the said Lord or the future Lords of the said manor in regard to the rents, fines, dues, duties and services to be rendered for the customary premises within mentioned according to the custom of the said Manor.
Steward." The licence, however, is not al.‘ ays indorsed on the deed.
To perfect the title, the purchaser should he admitted tenant on the court rolls, and the document of admittance which is given to him should accompany the deeds, when they are deposited with a banker as security.
If the property has been obtained by will, the will should be registered on the rolls and an admittance obtained.
In some manors, however, there is no document of admittance, but a receipt for the fines is given, and this is sufficient evi dence of the enrolment. In such cases the receipt should accompany the deeds.
In addition to a yearly customary rent, there may be a fine payable on a change of ownership or on the death of the lord or of the tenant.
The admittance is of no value unless the conveyance is held.
Previous to 1832, an owner could not dispose of customary property by will. He usually surrendered it to a friend, who executed a deed declaring that he held it in trust for the person whom the owner by deed or will might appoint. It is quite common, in some places, for families to be on the roll for generations, for property in which they have no interest. ]t has no effect upon the title, though it might possibly be incon venient if a hanker required admittance.
Mortgagees usually take a mortgage of customary property in a form under which they can obtain admittance if necessary, but they do not, as a rule, seek admittance until they wish to sell the property Unless a mortgagee is admitted, there is the risk that a second mortgagee, without notice of the first charge. may obtain admittance. When a mortgagee is admitted. the tines and fees must he paid. In some manors. the licence of the lord is necessary before a valid mortgage can be given.
For stamp duties, see COPYHOLD.