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Property Law in Colonial New York
Property Law in New York during the 17th Century colonial period was based upon manorialism.〔Sun Bok Kim, Landlord and Tenant in Colonial New York 1664–1775 (1st ed. 1978)〕〔Eben Moglen, Settling the Law (1993), The Law of Settlement: Land Law and the Manors〕 Manorialism was characterized by the vesting of legal and economic power in a Lord of the Manor, supported economically from his own direct landholding in a manor and from the obligatory contributions of a legally subject population of tenants and laborers under the jurisdiction of his manorial court. These obligations could be payable in several ways, in labor, in kind, or, on rare occasions, in coin.
However, by the start of the 18th century, the political influence of popularly-supported "assemblies," notably the Albany Assembly, had begun to effectively break the legal power of the manor lords, and place it quite firmly in the hands of those who held the vote under the "Lawes of England."〔 This was interpreted in the Province as persons who were freehold land owners and leasehold tenants with a lifetime lease, provided that in either case the land was valued at least £40.〔The Colonial Laws of New York from the year 1664 to the Revolution 112, 405–408, 452–454 (Albany, N.Y., 1894-1896).〕 Politically, this may not have resulted in much change considering that manor lords won representation of their manors in every election from 1691–1776. In fact, only two elections were even contested, and then simply by rival factions within the same manorial families. In the law, however, there was a quite radical change as tenants were converted from mostly "at will" leaseholders, whose lease was at the will of the manor lords, to mostly lifetime leaseholders and freeholders.
== Property Law in Colonial New York ==
The legal structure of American land law in the colonial period was made up primarily of Dutch and English law. The English influence became more prominent after the seizing of New Amsterdam from the Dutch in 1664, but the commercialism begun by the Dutch persisted. English structural influence was due in large part to the widespread textual invocation of Blackstone. According to political scientist Donald Lutz, no European authorities were cited more often than Blackstone and Montesquieu during the late 18th and early 19th centuries, and each were quoted nearly three times as often as the next person on the list, John Locke.〔Akhil Amar, America's Unwritten Constitution (forthcoming), citing Donald Lutz, A Preface to American Political Theory, at 134–140 (1992)〕 Additionally, the common post-Revolution practice of using legal documents that were nearly identical to those under British rule helps explain the strong influence of English common law. The primary distinction was that references to the "Lord" or the "King" were replaced with "the People" or the "United States."
In a legal realist sense, the political prominence of early Dutch and English merchants and the prevailing economic system of the day also strongly affected the development of New York property law. For example, Kim writes of the manorial lords that "()n a society where ownership of land was a primary source of status, and in an economy where wheat and timber products were staple goods, the great proprietors inevitably became 'elites' in the broadest sense of the word."〔 The growth and development in New York of the elite manorial and mercantile classes—buttressed and supported by the vast tenant class—fundamentally affected the course of colonial New York property law.〔
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