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Published online by Cambridge University Press: 12 August 2023
‘[O]ur whole constitutional law seems at times to be but an appendix to the law of real property.’1 At no time in English history was this aphorism truer than in the aftermath of 1066; indeed, it became uniquely so as a consequence of the kingdom’s conquest. England’s legal tradition was already distinctive prior to that point. The circumstances of the Conquest, and the rapid substitution of a new aristocracy of foreign settlers, rendered it doubly so. The importance of the Conquest and its implementation in the development of English law, and especially the law of real property, can scarcely be overstated.
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