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Seisin
Seisin (or seizin) is a legal concept that denotes the right to legal possession of a thing, usually a fiefdom, fee, or an estate in land. It is similar, but legally separate from the idea of ownership. The term is traditionally used in the context of inheritance law in the form of "the son and heir of X has obtained seisin of his inheritance", and thus is a term primarily concerned with conveyancing. The person holding such estate is said to be "seized of it", a phrase which commonly appears in inquisition post mortem, inquisitions ''post mortem''. It has varying relevance in modern legal systems, with distinctions between Common law and Civil law (legal system), Civil law jurisdictions. Etymology Seisin comes from Middle English , , in the legal sense of . The Old French variations , , are from Low Latin , generally referred to the same source as Gothic language, Gothic , or the Old English , . The French phrase "le mort saisit le vif" ("the dead give seisin to the living") is ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Livery Of Seisin
Livery of seisin () is an archaic legal conveyancing ceremony, formerly practised in feudal England and in other countries following English common law, used to convey holdings in property. The term ''livery'' is closely related to if not synonymous with ''delivery'' used in some jurisdictions in contract law or the related law of deeds. The oldest forms of common law provided that a valid conveyance of a feudal tenure in land required physical transfer by the transferor to the transferee in the presence of witnesses of a piece of the ground itself, in the literal sense of a hand-to-hand passing of an amount of soil, a twig, key to a building on that land, or other token. Varieties Livery of seisin could refer to either: * ''Livery in deed'', whereby the parties met together on the land and the transferor symbolically delivered possession of the land by handing over a twig or a clump of earth to the recipient. * ''Livery in law'', whereby the parties went within sight of the la ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Sasine
Sasine in Scots law is the delivery of Feudalism, feudal property, typically land. Feudal property means immovable property, and includes everything that naturally goes with the property. For land, that would include such things as buildings, trees, and underground minerals. A superior (e.g., a heritor) might authorise his agent or factor to give possession of his property to someone else through a document known as a "precept of sasine". One of the earliest records in Scotland is from 1248 when Maol Choluim I, Earl of Lennox, Sir Malcolm, son of the then Earl of Lennox, ‘conferred full Sasine’ of certain lands at Strathblane to Sir David Graham. Over time, sasine came to be used in common speech as a reference to the deed or document recording the transfer, rather than to the transfer itself. Hence phrases such as "to give sasines", "to deliver sasines", "to receive sasines", "to take sasines". Alternative spellings include: ''seizin'', ''seisin'', ''sasin'', ''seasin'', ''s ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Feoffment
In the Middle Ages, especially under the European feudal system, feoffment or enfeoffment was the deed by which a person was given land in exchange for a pledge of service. This mechanism was later used to avoid restrictions on the passage of title in land by a system in which a landowner would give land to one person for the use of another. The common law of estates in land grew from this concept. Etymology The word ''feoffment'' derives from the Old French or ; compare with the Late Latin">-4; we might wonder whether there's a point at which it's appropriate to talk of the beginnings of French, that is, when it wa ... or ; compare with the Late Latin . England In English law, feoffment was a transfer of land or property that gave the new holder the right to sell it as well as the right to pass it on to his heirs as an inheritance. It was total relinquishment and transfer of all rights of ownership of an estate in land from one individual to another. In feudal England a fe ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Escheat
Escheat () is a common law doctrine that transfers the real property of a person who has died without heirs to the crown or state. It serves to ensure that property is not left in "limbo" without recognized ownership. It originally applied to a number of situations where a legal interest in land was destroyed by operation of law, so that the ownership of the land reverted to the immediately superior feudal lord. Etymology The term "escheat" derives ultimately from the Latin ''ex-cadere'', to "fall-out", via mediaeval French ''escheoir''. The sense is of a feudal estate in land falling-out of the possession by a tenant into the possession of the lord. Origins in feudalism In feudal England, escheat referred to the situation where the tenant of a fee (or "fief") died without an heir or committed a felony. In the case of such demise of a tenant-in-chief, the fee reverted to the King's demesne permanently, when it became once again a mere tenantless plot of land, but could be ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Feudal Relief
{{Short description, Form of taxation under feudalism Feudal relief was a one-off "fine" or form of taxation payable to an overlord by the heir of a feudal tenant to license him to take possession of his fief, i.e. an estate-in-land, by inheritance. It is comparable to a death duty or inheritance tax. The equivalent duty at the lower levels of the feudal hierarchy was heriot (in England) or ''le droit du meilleur catel'' (in France). Etymology The word relief comes from the Latin verb ''levo'', to raise, lift up, elevate, with the addition of the Latin inseparable adverbial particle ''re-'', which has three distinct meanings: back, against and again. The Latin composite verb ''relevo'' results. The term used in mediaeval Latin charters is ''Relevius''. The payment thus obtains an heir's "relief" by his being "re-elevated" or "lifted-up again" into the place of honour and privilege formerly occupied by his predecessor. Rationale As fiefs were originally granted by William the Con ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Inquisition Post Mortem
An Inquisition post mortem (abbreviated to Inq.p.m. or i.p.m., and formerly known as an escheat) (Latin, meaning "(inquisition) after death") is an English medieval or early modern record of the death, estate and heir of one of the king's tenants-in-chief, made for royal fiscal purposes. The process of making such inquisition was effected by the royal escheators in each county where the deceased held land. The earliest inq.p.m. was made in 1236, in the reign of King Henry III (1216–1272), and the practice ceased c. 1640, at the start of the English Civil War, and was finally abolished by the Tenures Abolition Act 1660, which ended the feudal system. Purpose The escheators were ordered by a writ from the king's chancery to investigate the deaths of tenants-in-chief in order to assess what monetary value was due to the king from his so-called feudal incidents, comprising for example feudal relief, wardships, and marriages. Such revenues which resulted from the deaths of his tenants ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Tenant-in-chief
In medieval and early modern Europe, a tenant-in-chief (or vassal-in-chief) was a person who held his lands under various forms of feudal land tenure directly from the king or territorial prince to whom he did homage, as opposed to holding them from another nobleman or senior member of the clergy. The tenure was one which denoted great honour, but also carried heavy responsibilities. The tenants-in-chief were originally responsible for providing knights and soldiers for the king's feudal army. Terminology The Latin term was ''tenens in capite''. Other names for tenant-in-chief were "captal" or baron, although the latter term evolved in meaning. For example, the term "baron" was used in the '' Cartae Baronum'' of 1166, a return of all tenants-in-chief in England. At that time the term was understood to mean the "king's barons", or "king's men", because baron could still have a broader meaning. Originally, for example in Domesday Book (1086), there was a small number of powerful ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Freehold (law)
A freehold, in common law jurisdictions or Commonwealth countries such as England and Wales, Australia, Canada, Ireland, India and the United States, is the common mode of ownership of real property, or land, and all immovable structures attached to such land. It is in contrast to a leasehold, in which the property reverts to the owner of the land after the lease period expires or otherwise lawfully terminates. For an estate to be a freehold, it must possess two qualities: immobility (property must be land or some interest issuing out of or annexed to land) and ownership of it must be forever ("of an indeterminate duration"). If the time of ownership can be fixed and determined, it cannot be a freehold. It is "An estate in land held in fee simple, fee tail or for term of life." The default position subset is the perpetual freehold, which is "an estate given to a grantee for life, and then successively to the grantee's heirs for life." England and Wales Diversity of freeholds ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Hereditament
In common law, a hereditament (from Latin ''hereditare'', to inherit, from ''heres'', heir) is any kind of property that can be inherited. Hereditaments are divided into corporeal and incorporeal. Corporeal hereditaments are "such as affect the senses, and may be seen and handled by the body; incorporeal are not the subject of sensation, can neither be seen nor handled, are creatures of the mind, and exist only in contemplation". An example of a corporeal hereditament is land held in freehold and in leasehold. Examples of incorporeal hereditaments are hereditary titles of honour or dignity, heritable titles of office, coats of arms, prescriptive baronies, pensions, annuities, rentcharges, franchises — and any other interest having no physical existence. Two categories related to the church have been abolished in England and Wales and certain other parts of the British Isles: tithes and advowsons. The term featured in the one-time "sweeper definition", catch-all phrase, "la ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Freedom (political)
Political freedom (also known as political autonomy or political agency) is a central concept in history and political thought and one of the most important features of democratic societies.Hannah Arendt, "What is Freedom?", ''Between Past and Future: Eight Exercises in Political Thought'', (New York: Penguin, 1993). Political freedom has been described as freedom from oppression or coercion, the absence of disabling conditions for an individual and the fulfillment of enabling conditions, or the absence of life conditions of compulsion in society, such as economic compulsion. Although political freedom is often interpreted negatively as the freedom from unreasonable external constraints on action, it can also refer to the positive exercise of rights, capacities and possibilities for action and the exercise of social or group rights. The concept can also include freedom from internal constraints on political action or speech such as social conformity, consistency, or inauthen ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Overlord
An overlord in the English feudal system was a lord of a manor who had subinfeudated a particular manor, estate or fee, to a tenant. The tenant thenceforth owed to the overlord one of a variety of services, usually military service or serjeanty, depending on which form of tenure (i.e. feudal tenancy contract) the estate was held under. The highest overlord of all, or lord paramount, was the monarch, who due to his ancestor William the Conqueror's personal conquest of the Kingdom of England, ''owned'' by inheritance from him all the land in England under allodial title and had no superior overlord, "holding from God and his sword", although certain monarchs, notably King John (1199–1216) purported to grant the Kingdom of England to Pope Innocent III, who would thus have become overlord to English monarchs. A paramount lord may then be seen to occupy the apex of the feudal pyramid, or the root of the feudal tree, and such allodial title is also termed "radical title" ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Feudal Land Tenure
Under the English feudal system several different forms of land tenure existed, each effectively a contract with differing rights and duties attached thereto. Such tenures could be either free-hold if they were hereditable or perpetual or non-free if they terminated on the tenant's death or at an earlier specified period. High medieval period In England's ancient past large parts of the realm were unoccupied and owned as allodial titles: the landowners simply cooperated with the king out of a mutual interest instead of legal obligation. It was not until the Norman Conquest, when William the Conqueror William the Conqueror (Bates ''William the Conqueror'' p. 33– 9 September 1087), sometimes called William the Bastard, was the first Norman king of England (as William I), reigning from 1066 until his death. A descendant of Rollo, he was D ... declared himself to be the sole allodial owner of the entire realm, that land tenures changed drastically. In William's kingdom th ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
