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 ?
52) The concept of constructive seisin has long been recognized in American property law, (53) and the U.
Assuming a Florida court chooses to apply the date of purchase in valuing an owner's title insurance loss, some further observations would be warranted, beginning with the use of seisin law as a basis for precedent.
84) Drawing further upon the formalism of early common law practices, which once required livery of seisin for a life estate interest to be conferred, the Court of Appeals found that a "life tenancy would fail, and a tenancy at will would result only when livery of seisin [sic], or any other requirement for a conveyance, had not been met.
As the Defendant had not been served with the copy claim form, the High Court was not seised of these proceedings as against her, and accordingly, as the Swiss rule is that seisin occurs on issue, the Swiss proceedings had priority under Article 21.
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.
Commission on Kosovo, supra note 44, at 194; see also Reisman & McDougal, supra note 12, at 193 (limiting the requirement to the lack of time to seize an authorized international organization on the matter, and subsequent seisin as soon as possible, i.
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.
For a description of how livery of seisin was executed, see 3 HOLDSWORTH, supra note 60, at 188-89, 222 (describing livery of seisin as "handing over a stick, a hasp, a ring, a cross, or a knife, which was sometimes inscribed or curved or broken").
It does not necessarily imply a transfer of title; certainly, it is not the divestiture, the transfer of gewere or seisin.
Seisin is the procedural means a State uses to bring its case before the international tribunal, and it is the act of the Applicant which seises the Court.
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").
Instead, continued possession over time, seisin, established the legitimacy of the holder.