Hi, Myron.  "Turf and Twig" was a most ancient - ancient, as in often the
centuries before most could read or write - means of transferring title to
land.  Seisen was the ancient term  for right to possession and peaceable
enjoyment of a tract of land.

In fact, the term should be turf OR twig, since either of those, or a bough
or limb, constituted symbolic evidence of delivery to the buyer by the
seller of the right to possession of that buyer.  The acceptance by the
buyer of that piece or wood or handful of dirt was evidence thatthe seller
intended to convey possession and the buyer intended to take and maintain
possession of the land as a freehold estate.  That mechanism of transfer
quite usually took place on the property, and it was said that absent either
the buyer or seller, the transfer was ineffective.  There are a few examples
of turf and twig transfers in the records of the early colonies, especially
in VA.

Now, for centuries, our warranty deeds customarily have included a covenant
of seizen, that being a warranty by the grantor/seller that no one other
than the grantor parties to that deed claimed or could legitimetly claim any
right to possession.

From: Myron E. Williams
To: Paul Drake
Sent: Wednesday, March 22, 2006 7:40 PM
Subject: "by twig and turf"


....

In browsing the NEHGS Register..., I encountered this phrase with respect to
conveying possession of real estate. From the context I gather it means
"without a deed" or some such. Is that correct?

Myron


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