Subject: | |
From: | |
Reply To: | Donald W. Moore |
Date: | Tue, 10 Feb 2009 16:03:03 -0500 |
Content-Type: | text/plain |
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A glossary of legal terms with definitions already exists--Blacks Law
Dictionary. Older editions are especially helpful. My 6th edition
still defines most of the English common law terms.
Donald W. Moore
Sent from my iPhone
On Feb 10, 2009, at 3:49 PM, William Milam <[log in to unmask]> wrote:
> 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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