Editing Allodial title (section)

===Development of equitable title===
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As late as the Tudor period, in order to avoid [[estate tax]]es, a legal [[loophole]] was exploited where land was willed to a [[trustee]] for the use of the [[beneficiary]]. However, trustees often abused this privilege, and heirs found that the courts of common law would refuse to recognize the "use" clause, and would instead grant title in law to the trustee. However, the [[courts of equity]], which were developed by the sovereign to deal with obvious injustices in the common law courts, ruled that the [[heir]]s were entitled to the use of the property, and gave them title in equity. As rulings of equity courts ranked above those of common law courts, this gave heirs the use of the land, but not title to it in the common law.

However, this distinction between common law and equity title helped develop forms of [[security]] based on the distinction, now known as the [[mortgage law|mortgage]]. Enjoyment of the property during the period where the mortgage was in good standing could be assured through the equity courts, while the right to foreclose on the property to merge the common law and equity title were guaranteed in the common law courts.