Feoffment - Law Dictionary Search Results
Home Dictionary Name: feoffmentFeoffment
Feoffment [fr. feoffare, to give a feud,] the transfer of freehold land, in ancient times, by word of mouth and livery of seisin, i.e., by the delivery to the transferee of corporal possession of the land or tenement; see 2 Bl. Com. 310. Writing and deed (theretofore having become gradually more usual) were successively required by the (English) Statute of Frauds (29 Car. 2, c. 3, s. 1), and the (English) Real Property Act, 1845 (8 & 9 Vict. c. 106), s. 3; and by s. 2 of the latter Act, all real property, as regards conveyance of the immediate freehold thereof, is transferable as well by grant as by livery, so that a transfer by deed alone is all that is necessary, and transfer by livery, though not in terms abolished, became obsolete before the (English) Law of Property Act, 1925, s. 51, which declares that all lands and interests therein lie in grant and are incapable of being conveyed by livery or by livery and seisin, or by feoffment, and by s. 52 all conveyances of land or any int...
feoffment
feoffment : the historical method of granting a freehold estate in land by actual delivery of possession orig. by livery of seisin ...
Feoffment to uses
Feoffment to uses. See FEOFFEE TO USES....
Uses
Uses (History). A use is the intention or purpose, express or implied, upon which property is to be held. The Common Law treated the actual possessor for all purposes as the owner of the property. It was not difficult to find him out, since the possession of his estate was conferred upon him by a formal and notorious ceremony, technically called livery of seisin, which was performed openly and in the presence of the people of the locality.It soon became evident that the simple rules of the Common Law were stumbling-blocks to the complicated wants of an enterprising people.Hence ingenuity was sharpened to hit upon a device which should set at nought the rigidity of existing law and formalities.A system was found by the monastic jurists upon a model furnished by the Civil Law, which, by a nice adaptation, evaded, without overturning, the Common Law. Two methods of transferring realty began to co-exist in this country-the ancient Common Law system, and the later invention, which is denomi...
Particular tenants, Alienation by
Particular tenants, Alienation by, when they con-veyed by a feoffment, fine, or recovery, a greater estate that the law entitled them to make a forfeiture ensued to the person in immediate remainder or reversion. As if a tenant for his own life alienated by feoffment for the life of another or in tail or in fee, these being estate which either must or may last longer than his own, his creating them was not only beyond his power, and inconsistent with the nature of his interest, but was also a forfeiture of his own particular estate to him in remainder or reversion, who was entitled to enter immediately.Fines and recoveries having been abolished and a feoffment having no longer a tortious operation (English) (Real Property Act, 1845, s. 4), a tenant, by creating a larger interest than he has in the property, did not after the passing of that Act incur a forfeiture, for such a creation was then void as to the excess, and good for his own interest, Steph. Com. 7th Edn. 463. The (English) ...
Gavelkind
Gavelkind. A mode or rule of descent by custom abolished by the Administration of Estates Act, 1925, s. 45(1)(a), in the case of all deaths after 1925 except in regard to entailed estates, and descent from a person of unsound mind, as provided by s. 51 (ibid.), and see (English) L.P. Act, 1922, 12th Sched. (1)(d), and Re Price, 1928 Ch 579. The word is derived from the Saxon word 'gafol,' or, as it is otherwise written, 'gavel,' which signifies 'rent' or a 'customary performance of husbandry works'; accordingly the land which yielded this kind of service, in contradistinction to knight-service land, was called 'GAVELKIND' that is 'land of the kind that yields rent.' Lambarde (Perambulations of Kent, Edn. 1656, p. 585) first advanced and promulgated this supposition, which does not seem to be sufficiently comprehensive since 'gavelkind' does not necessarily denote land subject to rent, in opposition to the opinion of Lord Coke, who traced the word to 'gave all kinde' 'for the custom giv...
Innocent conveyances
Innocent conveyances, a covenant to stand seized; a bargain and sale; and release; so called because, since they convey the actual possession by construction of law only, they do not confer a larger estate in property than the person conveying possesses, and therefore, if a greater interest be conveyed by these deeds than a person has, they are only void, pro tanto, for the excess. But a feoffment of such larger estate was a tortious conveyance, and therefore, under such circumstances, would have been void altogether, and produced a forfeiture. But by the 4th section of the Real Property Act, 1845 (8 & 9 Vict. c. 106), a feoffment made after October 1st, 1845, shall not have any tortuous operation. It is, therefore, an innocent conveyance....
Power
Power, in respect of court the word 'power' means an authority expressly or impliedly conferred on the court by law to do that which without that sanction it could not have done, consent cannot give jurisdiction, K.E. v. Vithu, (1899) 1 Bom LR 157.Power, is an authority reserved by, or limited to, a person to dispone, either wholly or partially, of movable or immovable property, either for his own benefit or for that of others. The word is used as a technical term and is distinct from the dominion which a man has over his own estate by virtue of ownership, Stroud's Judicial Dictionary.Power, is not synonymous with jurisdiction, K.E. v. Vithu, (1899) 1 Bom LR 157.Power, may be general or implied. The general powers are such as the donee can exercise in favour of such person or persons as he pleases, including himself, Mahadeo Ramchandra v. Damodar Vishwanath, AIR 1957 Bom 218.Means any form of energy which is not generated by human or animal agency. [The Gujarat Lifts and Escalators Act...
Pro
Pro [for, or in respect of], in the grant of an annuity, pro consilio, showing the cause of a grant, amounts to a condition; but in a feoffment or lease for life, etc., it is the consideration, and does not amount to a condition; for the state of the land by the feoffment is executed, and the grant of the annuity is executory, Plowd. 412....
enfeoff
enfeoff [Anglo-French enfeoffer, from Old French en-, causative prefix + fief fief] : to invest (a person) with a freehold estate by feoffment ...
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