subinfeudation

1. The sublease of a portion of a feudal estate by a vassal to a subtenant who pays fealty to the vassal.
2. The lands so leased.

The process that developed under feudal law whereby the grantee of an estate in land from his lord granted a smaller estate in the same land to another. In 1066, William the Conqueror claimed all the land of England for the crown. Subsequently, he granted land to barons for their use in exchange for services, but retained ultimate ownership, this grant process being called infeudation. Such barons held land in capite. Subinfeudation was the process by which barons further divided the land by making grants to knights in return for knight services, and the term also includes all subsequent grants and subdivisions by knights and their grantees. Owners under subinfeudation held land "in service" to their grantor and owed nothing directly to the king. See Tiffany, A Treatise on the Modern Law of Real Property 8-19 (1940).

Subinfeudation was made illegal by the statute of Quia Emptores 18 Edw. I.C.I., and was replaced by the modern concept of alienation. See also servitudes.

This entry is from Wikipedia, the leading user-contributed encyclopedia. It may not have been reviewed by professional editors (see full disclaimer)