Seisin

Seisin is a legal term that refers to the possession of legal title to real property. This concept is fundamental in the common law system, particularly in the context of property law. Seisin denotes the legal possession of a feudal fiefdom or estate in land. It implies a freeholder's possession under a claim of right, excluding others from any reasonable claim to the property.

History and Origin

The term "seisin" originates from the Old French word saisine, meaning "possession", which in turn derives from the Latin word satio, meaning "act of taking possession". Seisin became a central concept in the feudal system of England following the Norman Conquest of 1066. Under this system, all lands were held directly or indirectly from the king, and seisin indicated the completion of the lawful transfer of the estate.

Types of Seisin

There are two main types of seisin in property law:

• Legal Seisin: This refers to the formal legal ownership of property. It is the recognition by the law that a person has the exclusive right to use and control land.
• Equitable Seisin: This concept applies when a person has the right to obtain legal seisin in the future. It is often seen in cases where property is being purchased, and the buyer has equitable seisin until the legal title is transferred.

Importance of Seisin

Seisin is important for several reasons:

• It serves as the foundation for the legal recognition of ownership and possession of land.
• It is crucial for the conveyance of real property, as the transfer of seisin from seller to buyer is necessary for the legal transfer of ownership.
• It affects the rights to defend the property against wrongful claims or possession.

Conveyance of Seisin

The conveyance of seisin in the feudal system was typically performed through a ceremony known as "livery of seisin", where the transferor physically handed over a piece of the property (such as a clod of earth or a twig) to the transferee in the presence of witnesses. This act symbolized the transfer of possession and was a critical element of property conveyance before the development of modern property law.

Modern Relevance

Although the concept of seisin has its roots in feudal law, it remains relevant in modern legal systems, particularly in common law countries. Today, the principles of seisin are embodied in the legal processes involved in the transfer and recognition of property rights, albeit without the ceremonial aspects of livery of seisin.

See Also

• Property law
• Feudal land tenure in England
• Real property
• Title (property)