Medeival and American Residential Landlord Tenant Law

By

Anthony J. Fejfar, B.A., J.D., Coif

©Perpetual Copyright 2011 by Anthony J. Fefjar and Neothomism, P.C.

(PA)

Some persons have asserted, wrongly, that medieval residential

landlord and tenant law involved serfdom and a non-freehold estate. In fact,

the opposite was, and is, true. You see, if any person lived in an

incorporated town with a royal charter, which was all of them, for a year and

a day, then that person acquired Freeman Status. A Freeman can only hold

a Freehold Estate. Also, if a person was born in an incorporated town, then

that person also had Freeman Status, from childbirth. Additionally, all

Royal Parks, such as Sherwood Forest, were considered Freeman Parks.

Thus, if a family vacationed or went camping in a Freeman Park, the entire

family acquired Freeman Status. For any such person, then, the status as a

Tenant in a Lease relationship with a Landlord involved the Tenant holding

a Freehold Estate as either an Equitable Use in Fee Simple Absolute, for a

Term, or as a Legal Use in Fee Simple Absolute for a Term. In America, the

United States of America holds of Pennsylvania Colony where the

Declaration of Independence was signed, and where the United States

Constitution was signed. Thus, as with Pennsylvania Colony, the United

States of America, and every State and Territory therein, holds of the House

of Stuart, and is bound by Magna Charta, the British Constitution, and is

also bound by the Pennsylvania Charter of 1681. Under Magna Charta,

every Freeman has the Natural Rights of Life, Liberty, and Property, and the

right not to be exiled, except by reason of the Law of the Land, that is,

Sheriff’s Law (The Law of Logic), and a Jury Trial by the Person’s Peers.

Also, under the Pennsylvania Charter of 1681, from King Charles II, House

of Stuart, all Laws of Pennsylvania, and thus of America, holding thereof,

must be in accordance with reason, that is, they must be reasonable, and,

they cannot substantially diverge from the English Common Law as of the

year 1681. Thus, in America, it is clear that any Tenant who has visited a

Public Park, that is, a Freeman’s Park, or who has been born, or has resided

in an incorporated town, village, or city for more than a Year and a Day, has

Freeman status, and thus as a Tenant in a Lease situation, holds an Equitable

Use in Fee Simple Absolute, or in the alternative, a Legal Use in Fee Simple

Absolute. Accordingly, when a Tenant has resided in a Leasehold

residential dwelling, for a Year and a Day, that Tenant becomes a Life

Tenant, with the Reversion in the Landlord. At this point, the Tenant is

only liable to the Landlord for reasonable maintenance fees, and cannot be
evicted or ejected. By the way, once a person has vacationed or camped in

a Freeman Park, then that person is considered, legally, to be a Tenant in

Common, in Fee Simple Absolute, of that Freeman Park, and thus is an

Owner of Real Property for purposes of American and State Citizenship and

Voting Rights.