seisin


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Related to seisin: disseisin, feoffment, Livery of seisin

seisin

(sees-in) n. an old feudal term for having both possession and title of real property. The word is found in some old deeds, meaning ownership in fee simple (full title to real property). (See: fee simple, seized)

seisin

noun control, hold, mastery, occupancy, ownership, possession, possessorship, tenancy, tenure, title
Associated concepts: actual seisin, constructive seisin, covenant of seisin, equitable seisin, seisin in deed, seisin in fact, seisin in law
See also: dominion, enjoyment, holding, inheritance, interest, land, ownership, paraphernalia, possession, use

seisin

feudal possession of FREEHOLD land.

SEISIN, estates. The possession of an estate of freehold. 8 N. H. Rep. 57; 3 Hamm. 220; 8 Litt. 134; 4 Mass. 408. Seisin was used in contradistinction to that precarious kind of possession by which tenants in villenage held their lands, which was considered to be the possession of their lords in, whom the freehold continued.
     2. Seisin is either in fact or in law.
     3. Where a freehold estate is conveyed to a person by feoffment, with livery of seisin, or by any of those conveyances which derive their effect from the statute of uses, he acquires a seisin in deed or in fact, and a freehold in deed: but where the freehold comes to a person by act of law, as by descent, he only acquires a seisin in law, that is, a right of possession, and his estate is called a freehold In law.
     4. The seisin in law, which the heir acquires on the death of his ancestor, May be defeated by the entry of a stranger, claiming a right to the land, which is called an abatement. (q.v.)
     5. The actual seisin of an estate may be lost by the forcible entry of a stranger who thereby ousts or dispossesses the owner this act is called a disseisin. (q.v.)
     6. According to Lord Mansfield, the various alterations which have been made in the law for the last three centuries, "have left us but the name of feoffment, seisin, tenure, and, freeholder, without any precise knowledge of the thing originally signified by these sounds."
     7. In the United States, a conveyance by deed executed and acknowledged, and properly recorded according to law, and the descent cast upon the heir are, in general, considered as a seisin in deed without entry; and a grant by letters-patent from the commonwealth has the same effect. 4 Mass. R. 546; 7 Mass. R. 494; 15. Mass. R. 214 1 Munf. R. 17O. The recording of a deed is equivalent to livery of seisin. 4 Mass. 546.
     8. In Pennsylvania, Connecticut, Massachusetts and Ohio, seisin means merely, ownership, and the distinction between seisin in deed and in law is not known in practice. Walk. Intr. 324, 330; 1 Hill. Abr. 24 4 Day, R. 305; 4 Mass.; R. 489 14 Pick. R. 224. A patent by the commonwealth, in Kentucky, gives a, right entry, but not actual seisin. 3 Bibb, Rep. 57. Vide 1 Inst. 31; 19 Vin. Ab. 306; Dane's Abr. c. 104, a. 3; 4 Kent, Com. 2, 381; Cruise's Dig. t. 1, Sec. 23; Toull. Dr. Civ. Fr. liv. 3, t. 1, c. 1, n. 80; Poth. Traite des Fiefs, part 1, c. 2; 3 Sumn. R. 170. Vide Livery of Seisin.

References in periodicals archive ?
Much of the court's ruling focused on the plaintiff's breach of seisin award against the seller as opposed to the title claim against his insurer.
We can begin to see the specific legal context of Donne's satire by considering the following call for legal reform from earlier in the sixteenth century: "Where by the common laws of this realm, lands, tenements, and hereditaments be not devisable by testament, nor ought to be transferred from one to another, but by solemn livery and seisin, matter of record, writing sufficient made bona fide, without covin or fraud, yet nevertheless divers and sundry imaginations, subtle inventions, and practices have been used, whereby the hereditaments of this realm have been conveyed from one to another by fraudulent feoffments, fines, recoveries, and other assurances craftily made.
Smith notes that such indigenous concepts are similar to the concept of seisin that, in early English law, preceded the concept of ownership.
When we reflect also that the interest of our husbandmen, the most useful of men in any community, will be advanced by the destruction of a beast so pernicious and incorrigible, we cannot greatly err in saying that a pursuit like the present, through waste and unoccupied lands, and which must inevitably and speedily have terminated in corporeal possession, or bodily seisin, confers such a right to the object of it, as to make any one a wrong-doer who shall interfere and shoulder the spoil.
An 'atorne' is a person formally appointed to represent a litigant in court or to transact official business on his behalf: a legal agent; to 'maken attourne' is to arrange for representation, (36) while 'Liuer siesine' is to deliver seisin, the act of giving someone legal possession of property.
Though life seisin should have gone to Frene anyway on the event of her death due to the "courtesy of England" rule, the irregular circumstances surrounding their marriage might have led the couple to fear lest the right be ignored in such an instance -- hence the jointure clause.
It does not necessarily imply a transfer of title; certainly, it is not the divestiture, the transfer of gewere or seisin.
21 More technically, upon the death of a tenant-in-chief (Gaunt), the King was entitled to primer seisin of the tenant's lands, until the tenant's heir "recovered" them, upon payment of a money amount ("relief') or the fulfillment of other requirements ("suing for livery").