VA-ROOTS Archives

February 2009

VA-ROOTS@LISTLVA.LIB.VA.US

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Subject:
From:
William Milam <[log in to unmask]>
Reply To:
William Milam <[log in to unmask]>
Date:
Tue, 10 Feb 2009 15:49:28 -0500
Content-Type:
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I invite your in-put of these Common Law terms for the transfer of property.

 

Lease and Release - A method of conveyance of property under the "use law"
of English Common Law. In reality, a "Lease" of land (in exchange for a
payment) is made by the owner of the freehold to the Leasee for one year.
This makes the owner stand "seised" (unable to sell to anyone else) and
vests in the Leasee the use of the land for one year. Being thus "in
possession", the Leasee is able to receive a "Release" of the freehold which
under "use law" must be made to the person in possession. Accordingly, as
early as the next day following a Lease of property, a Release may be
granted to the Leasee for "Livery in Seisin" - a proper, fee simple
purchase. See Seisin below.

 

Seisin - An old feudal term for having both possession and title of real
property. The word is found in some 17th and 18th century Virginia colonial
deeds, meaning ownership in fee simple - full title to real property. Seisin
was used in contradistinction to the precarious kind of possession by which
tenants (renters) held their lands which was still in the possession of
their lords in whom the freehold continued. "Livery of Seisin" means the act
of delivery of full legal possession of property. See Lease and Release.

 

For example, in Prince William County Deed books one finds this expression
referring to the Leasee: "in his actual possession now by being by virtue of
a Lease for one year and by virtue of the Statue for the transferring uses
into possession".


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