Spanish Liberal Revolution and Land Disentailment

Secularization and the Liberal Revolution

Disentailment was a process of agrarian reform that led to the development of capitalism. Its goal was a structural change in land ownership to facilitate its release and remove obstacles that agriculture generally posed to economic development.

Property Under the Old Regime

Property was linked to the Church, the nobility, municipalities, and the State.

Characteristics of Entailed Property

Legal Status

The property belonged to legal entities—such as titled estates, convents, and municipalities—rather than individuals.

Economic Characteristics

Owners could neither sell nor dispose of the property; it could not be distributed among heirs, nor could it be seized for debt.

Liberal Criticism of Mortmain Property

During the 18th-century Enlightenment, thought focused on the following agrarian problems:

• No investments were made for proper land use or increased production.
• Owners lacked stimuli, meaning the property could not be revalued.
• The properties involved were known as "dead hand" (mortmain) goods.

The Liberal Solution for Production

For the enlightened thinkers, and later for the Liberals, the main objective was to convert land into private property. This allowed private owners to make the necessary investments to exploit the land and increase production.

The Process of Disentailment in Spain

Approximately 60% of the land belonged to the so-called "dead hands."

Church and Municipal Property

The property of the Church and the municipalities was expropriated and declared national property. The State then sold these lands at public auction.

Abolition of Seignurial Estates

Land became private property and belonged to the former master without being expropriated by the State. The confiscation of Church and civilian property, as well as the untying of manors, was an economic and political process of long duration in Spain.

Early Confiscations Before the Revolution

1. 1768 Olavide Reform: The State began selling land ownership.
2. Confiscation of Godoy (1798): Occurred just before the War of Independence.

Confiscations During the Liberal Revolution

A) 1810–1813: The Cortes de Cádiz sought:

• The decoupling of seignurial property.
• The partial distribution of municipal property.
• The seizure of property belonging to dissolved French religious orders.

B) The Absolutist Sexenio (1814–1820): These measures were cancelled during this period.

C) The Liberal Triennium (1820–1823): Seignurial property was again dissociated, and the Church property measures from 1812 were reinstated.