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

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 ?
(47) In Shilts, the trial court had equated seisin with physical possession.
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.
Because all of the formal requirements expressed through the livery of seisin had long fallen into disuse, there was no longer any reason why a lease that could only be terminated at the tenant's will should be converted into one that the landlord could also terminate.
be created or transferred by livery of corporal seisin").
(abolishing livery of seisin and requiring written formalities for
(10) The wife, by contrast, could neither contract, nor appear in court, nor have seisin of land except through her husband.
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." (6) This is the preamble of the 1536 Statute of Uses (28 Hen.
Lo que se aplica, con respecto a la tierra, es el concepto de seisin o saisine (frances arcaico), cuyo uso se generalizo a partir de 1138, segun Petit Robert y que Bloch define como "la posesion (del bien inmueble) protegida y legitimada por la tradicion'.
The 2001 Regulation unifies the seisin rule through Article 30, which states that seisin occurs in the court of any Contracting State 'when the document instituting the proceedings is lodged with the court' provided that the claimant does not fail to take steps to serve the Defendant appropriately."[ 48].
As early as 1236, English "statutes were enacted prohibiting real property actions if they were based on a seisin prior to a given date, such as the coronation of Henry II." (5) The modern time bar statutes first appeared in England in the Limitations Act of 1623.
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." Id.