In law, a moiety title is the ownership of part of a property. The word derives from
Old French
Old French (, , ; Modern French: ) was the language spoken in most of the northern half of France from approximately the 8th to the 14th centuries. Rather than a unified language, Old French was a linkage of Romance dialects, mutually intelligib ...
''moitié'', "half" (the word has the same meaning in
modern French
French ( or ) is a Romance language of the Indo-European family. It descended from the Vulgar Latin of the Roman Empire, as did all Romance languages. French evolved from Gallo-Romance, the Latin spoken in Gaul, and more specifically in No ...
), from Latin ''medietas'' ("middle"), from ''medius''.
In
English law
English law is the common law legal system of England and Wales, comprising mainly criminal law and civil law, each branch having its own courts and procedures.
Principal elements of English law
Although the common law has, historically, be ...
, it relates to parsing aspects of ownership and liability in all forms of property.
In the Australian system of land title, it typically applies to
maisonettes
An apartment (American English), or flat (British English, Indian English, South African English), is a self-contained housing unit (a type of residential real estate) that occupies part of a building, generally on a single story. There are ...
or attached
cottages whereby the owner owns a share of the total land on the title and leases a certain portion of the land back for themselves from the other owner(s). Some finance institutions do not offer loans for properties on moiety titles as security.
Real estate
Moiety is a Middle English word for one of two equal parts under the
feudal system
Feudalism, also known as the feudal system, was the combination of the legal, economic, military, cultural and political customs that flourished in medieval Europe between the 9th and 15th centuries. Broadly defined, it was a way of structur ...
. Thus on the death of a
feudal baron or
lord of the manor
Lord of the Manor is a title that, in Anglo-Saxon England, referred to the landholder of a rural estate. The lord enjoyed manorial rights (the rights to establish and occupy a residence, known as the manor house and demesne) as well as seig ...
without a male heir (the eldest of whom would inherit all his estates by the custom of
male primogeniture
Primogeniture ( ) is the right, by law or custom, of the firstborn legitimate child to inherit the parent's entire or main estate in preference to shared inheritance among all or some children, any illegitimate child or any collateral relativ ...
) but with daughters as heiresses, a ''moiety'' of his
fief
A fief (; la, feudum) was a central element in medieval contracts based on feudal law. It consisted of a form of property holding or other rights granted by an Lord, overlord to a vassal, who held it in fealty or "in fee" in return for a for ...
dom would generally pass to each daughter, to be held by her husband. This would involve the division of the barony, generally consisting of several manors, into two or more groups of manors, which division would presumably be effected by negotiation between the parties concerned. Such was the case in the barony of Newmarch, the ''
caput
Latin words and phrases
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