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)

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 ?
The seizin has individual character whereas it is conferred upon heirs according to the order in which they are called to inheritance, but also successive character because, when the preferred successor in rank waives, the seizin goes to the next (Baias et al, 2012: 1171).
The seizin heir is entitled to administer the patrimony and exercise all patrimonial actions of the deceased, without needing to fulfil any formalities, i.
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.