seisin

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Related to seizin: freehold

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)

Copyright © 1981-2005 by Gerald N. Hill and Kathleen T. Hill. All Right reserved.

seisin

feudal possession of FREEHOLD land.
Collins Dictionary of Law © W.J. Stewart, 2006

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.

A Law Dictionary, Adapted to the Constitution and Laws of the United States. By John Bouvier. Published 1856.
References in periodicals archive ?
The seizin heir is entitled to administer the patrimony and exercise all patrimonial actions of the deceased, without needing to fulfil any formalities, i.e.
If special measures were taken for the conservation of certain goods pursuant to article 1117-1118 Civil Code, the seizin heir would be prevented from actually exercising the possession.
The seizin being divisible, the seizin heir can sue or be sued only for his share of the debt (Florescu, 2013: 211).
The Seizin Acquisition by Heirs Who Do Not Have a Seizin
If article 1126 Civil Code provides clearly that the surviving spouse, the privileged descendants and ascendants of the deceased are heirs, per a contrario, the other heirs with successional vocation are heirs who do not have a seizin.
Article 1127 Civil Code provides that the legal heirs, who do not have seizin, acquire the seizin only through the heir certificate, but with retroactive effect from the day of opening the inheritance.
The acquisition of the seizin by the universal legatee must be required according to the above mentioned, even if he was legal heir, since he claims the inheritance based on the quality of testamentary heir, in order to gain more than his equal share and in that situation, he will no longer enjoy the seizin.