What is Feoffment with livery of Seisin?
A ceremony performed in medieval England that effected the transfer of land from one party to another. The entire ceremony of transfer was called feoffment with livery of seisin, with feoffment meaning “a gift,” specifically a gift of a freehold interest in a parcel of land.
What is the doctrine of seisin?
Seisin (or seizin) denotes the legal possession of a feudal fiefdom or fee, that is to say an estate in land. The person holding such estate is said to be “seized of it”, a phrase which commonly appears in inquisitions post mortem (i.e. “The jurors find that X died seized of the manor of …”).
What does seisin mean in English?
possession of land
1 : the possession of land or chattels. 2 : the possession of a freehold estate in land by one having title thereto.
What is Livery law?
law. 1. The delivery of possession of lands to those tenants who hold of the king in capite, or knight’s service. 2. Livery was also the name of a writ which lay for the heir of age, to obtain the possession of seisin of his lands at the king’s hands.
What is Cestui que use?
Another word for a beneficiary of a trust: the person entitled to an equitable, as opposed to a legal, ownership of trust assets. Alternative short forms are cestui que use or cestui que vie. …
What is breach of covenant of seisin?
The covenant of seisin is essentially a covenant that the grantor owns the estate that the deed says it conveys to the grantee. This covenant promises that no one else has any conflicting possessory interests, present or future. In general, the same title defects breach both the covenants of seisin and right to convey.
What does Seised for an estate in fee simple mean?
Fee simple means that the land is completely owned and, therefore is capable of being inherited by the land owner’s heirs – whether under a will or the statutory rules of intestacy. A fee simple estate has no time limits as in the case of a leasehold estate, and can last indefinitely.
What is C est que vie trust?
A Cestui Que Vie Trust, also known by several other pseudonyms such as “Term of Life or Years” or “Pur Autre Vie” or “Fide Commissary Trust” or “Foreign Situs Trust” or “Secret Trust” is a pseudo form of trust first formed in the 16th Century under Henry VIII of England on one or more presumptions including (but not …
Will a trust fail for lack of a trustee?
If a trust loses its trustees, the court will appoint others–a trust will not fail for lack of a trustee, unless the settlor manifests a contrary intent.
When did the livery of seisin become legal?
Livery of seisin was the dominant method of transferring land in England until 1536, and it continued to be legal until 1925. The term livery of seisin means simply “transfer of possession”: livery means “delivery” and is from the Old French livrer, and seisin means “possession” and is from the Old French saisir or seisir.
Can a deed be recorded without livery of seisin?
In most of the states, livery of seisin is unnecessary, it having been dispensed with either by express law or by usage. The recording of the deed has the same effect. In Maryland, however, it seems that a deed cannot operate as a feoffment, without livery of seisin.
What is the symbol of livery in law?
Livery in law, whereby the parties went within sight of the land and the transferor declared to the recipient that possession was being given, followed by the recipient entering onto the land. The symbol of livery for a house was the door’s ring or hasp; for mills, the “clap and hopper”; for a church, a psalm book and keys, and so on.