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Astrid

A Ruling on Real and Personal Property

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"Ma conseillère de loi vous dira le reste."

In the matter before
THE UDALSHUSET OF THE HALL OF FORSETI
lodged au Greffe by the Questioner
HER HIGH HOLINESS FORN SIÐR FÚRSTAFRÚA SIGRDRÍFA THE PRIESTESS OF THE HOUSE OF VANADÍS,
ÆRKEJARLA OF THE IDUNN ISLES,
YFIRSTORMARKSGYTHIA AND HIGH PRIESTESS OF THE THINGEYRI TEMPLE
A Ruling.
(3 Himinbjorg 13)

 

1. The matter before the Udalshuset is a law query by Her High Holiness Forn Siðr Fúrstafrúa Sigrdrífa the Priestess of the House of Vanadís, Ærkejarla of the Idunn Isles, Yfirstormarksgythia and High Priestess of the Thingeyri Temple, which was lodged au Greffe on 2 Himinbjorg 13 under Article 8 of the Act on the Warden of Law and Justice of Year 12, a provision of Althingi Law which affirms and safeguards the ancient customary power of the Warden of Law and Justice to issue legally binding rulings on legal matters that have come to her or his attention.

2. Her High Holiness the Yfirstormarksgythia and High Priestess of the Thingeyri Temple came to the Udalshuset to inquire into the matter of what is considered real and personal property under Storish Law and be clarified concerning the matter aforesaid.

 

3. To provide Her High Holiness the Yfirstormarksgythia and High Priestess of the Thingeyri Temple with the answer to her query of law the Udalshuset went looking for a written law addressing the issue raised by the aforesaid Lady Royal and Spiritual, but it quickly became clear there was none of that to be found in the Lásamlingús.

 

4. The Udalshuset subsequently endeavoured to find the answer to the law query aforesaid in the several Books of Authority on the Law of the Lands of the Longships Throne that exist, completely turning them inside out, but in almost none of them the Udalshuset could find what it was looking for, until it turned to the "Treatise on the Laws and Customs of Ancient Valtia".

 

5. Immersing itself in that invaluable source of ancient law and ingesting the wealth of legal wisdom that is contained therein and translating and modifying it to present Stormark the Udalshuset found the answer to the question of law queried by Her High Holiness the Yfirstormarksgythia and High Priestess of the Thingeyri Temple.

 

6. Now therefore, I, Lady Astrid Sólareyjarsdóttir of the House of Vanadís, Bloodroyal and Ærkejarla of the Rose Cape, Lady Warden of Law and Justice, Provost Marshal of the Longship of State, Mistress of the Rolls, and Guardian of the Hall of Forseti, by the power vested in me by the Udal Law and safeguarded by Article 8 of the Act on the Warden of Law and Justice of Year 12, and subject to the concurrence of His Imperial and Royal Majesty the High King, do hereby rule, decree and ordain the following into the Udal Law of the Twenty-Six Jarldoms.

 

On real property.

 

I. Since times ancient beyond the memory of man real property is also known as real estate, realty, immovable property, immovables, heritable property or heritables.

 

II. Property is real either by its nature, or by its destination, or by the objects to which it is applied.

 

III. Land, buildings, roads and constructions of all kinds which are joined to the ground are real property by nature.

 

IV. Realty by nature shall also be trees and plants and pending fruits, while they are joined to the earth or form integral part of a real property.

 

V. Anything which is joined to an immovable property on a fixed basis, so that it cannot be separated therefrom without breaking the material or impairing the object is also real property by nature.

 

VI. Heritables by nature shall also be those statues, reliefs, paintings or other objects of use or ornamentation, placed on buildings or on land by the owner of the immovable property, in such a way that reveals the purpose of uniting them to the land on a permanent basis.

 

VII. Machines, vessels, instruments or utensils destined by the owner of the property to the industry or undertaking performed in the building or landed property, and which are directly destined to satisfy the needs of the undertaking itself are real property by destination.

 

VIII. Animal farms, dovecotes, beehives, fish tanks or analogous hatcheries, when the owner has placed or preserved them for the purpose of keeping them joined to the property or forming part thereof on a permanent basis shall also be heritable property by destination.

 

IX. Seeds and fertilisers destined for the cultivation of landed property, located in the land where it is to be used shall also be considered immovable.

 

X. Mines, quarries and dumps, while their matter remains joined to the source, and flowing or stagnant waters shall be realty.

 

XI. Immovables shall also be things like docks and constructions which, even if they float, are destined, as a result of their purpose and conditions, to remain in a fixed point of a sea, river, lake or coast.

 

XII. To heritable property shall also belong administrative concessions to perform public works, and easements and other rights in sakrätt pertaining to immovable property.

 

On personal property.

I. Since times ancient beyond the memory of man personal property is also known as movable property, movables, chattels or personalty.

 

II. Property is personal in its nature, or by the determination of the law.

 

III. Moveables in their nature are bodies which may be transported from place to place, whether they move themselves like animals, or whether like inanimate things, they are incapable of changing their place, without the application of extrinsic force. In general, all property which may be transported from one point to another without impairment of the immovable object to which it is joined shall be deemed to be personal property.

 

IV. Personal property by determination of law are, bonds and actions relating to sums demandable or personal effects, actions and interests in companies for objects of finance, commerce, or industry, although immoveables depending on such undertakings belong to the companies. These actions or interests are reputed moveable with respect to each individual member, as long as the society exists.

 

V. Personalty by determination of law shall also be income or pensions, whether life or hereditary annuities, attached to a person or House, whether granted by the State or by private persons, provided that they do not encumber with a real lien an immovable object.

 

VI. Positions subject to disposal, contracts relating to public services and certificates and securities representing mortgage loans shall also be considered movable property.

 

VII. Personal property shall be fungible or non-fungible. Property which cannot be properly used according to its nature without being consumed shall belong to the first species; other property shall belong to the second species.

 

This is my ruling, and my ruling is law!

 

 

 

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Astrid Sólareyjarsdóttir

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L'Haut Roy le veult!

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Haraldur Freyjugjöf af Ættingjunum Freyju, Yfirkonungur Stórmerkur

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