seisin

seisin
/siyzan/ Possession of real property under claim of freehold estate. The completion of the feudal investiture, by which the tenant was admitted into the feud, and performed the rights of homage and fealty. Possession with an intent on the part of him who holds it to claim a freehold interest. Right to immediate possession according to the nature of the estate. Williams v. Swango, 365 111. 549, 7 N.E.2d 306, 309.
@ actual seisin
Possession of the freehold by the pedis positio of one's self or one's tenant or agent, or by construction of law, as in the case of a state grant or a conveyance under the statutes of uses, or (probably) of grant or devise where there is no actual adverse possession; it means actual possession as distinguished from constructive possession or possession in law.
@ constructive seisin
Seisin in law where there is no seisin in fact; as where the state issues a patent to a person who never takes any sort of possession of the lands granted, he has constructive seisin of all the land in his grant, though another person is at the time in actual possession.
@
@ equitable seisin
A seisin which is analogous to legal seisin; that is, seisin of an equitable estate in land. Thus a mortgagor is said to have equitable seisin of the land by receipt of the rents. Livery of seisin. Delivery of possession; called, by the feudists, "investiture."
@ primer seisin
/praymar siyzan/
In old English law, the right which the king had, when any of his tenants died seised of a knight's fee, to receive of the heir, provided he were of full age, one whole year's profits of the lands, if they were in immediate possession; and half a year's profits, if the lands were in reversion, expectant on an estate for life. 2 Bl.Comm. 66.
See also seisin
@ quasi seisin
A term applied to the possession which a copyholder has of the land to which he has been admitted. The freehold in copyhold lands being in the lord, the copyholder cannot have seisin of them in the proper sense of the word, but he has a customary or quasi seisin analogous to that of a freeholder
@ seisin in deed
Actual possession of the freehold; the same as actual seisin or seisin in fact. Roetzel v. Beal, 196 Ark. 5, 116 S.W.2d 591, 593
@ seisin in fact
Possession with intent on the part of him who holds it to claim a freehold interest; the same as actual seisin
@ seisin in law
A right of immediate possession according to the nature of the estate. As the old doctrine of corporeal investiture is no longer in force, the delivery of a deed gives seisin in law
@

Black's law dictionary. . 1990.

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Look at other dictionaries:

  • Seisin — is the possession of such an estate in land as was anciently thought worthy to be held by a free man. (Williams, On Seisin , p. 2)EtymologySeisin comes from Middle English saysen , seysen , in the legal sense of to put in possession of, or to… …   Wikipedia

  • seisin — sei·sin or sei·zin / sēz ən/ n [Anglo French seisine, from Old French saisine act of taking possession, from saisir to seize, of Germanic origin] 1: the possession of land or chattels: as a: the possession of land arising from livery of seisin… …   Law dictionary

  • Seisin — Sei sin, n. See {Seizin}. Spenser. [1913 Webster] …   The Collaborative International Dictionary of English

  • seisin — [sē′zin] n. alt. sp. of SEIZIN …   English World dictionary

  • seisin — /see zin/, n. Law. seizin. * * * ▪ feudal law       in English feudal society, a term that came to mean a type of possession that gained credibility with the passage of time. Seisin was not ownership nor was it mere possession that could be… …   Universalium

  • Seisin — 1) Legal possession of a property. (Gies, Frances and Joseph. Life in a Medieval Village, 245) 2) Possession (often contrasted with ownership) of land. (Sayles, George O. The King s Parliament of England, 145) 3) The possession of land enjoyed by …   Medieval glossary

  • seisin — The possession of a freehold estate by the owner. 42 Am J1st Prop § 45. The possession of land coupled with the right to possess it and a freehold estate therein, practically the same thing as ownership. Holt v Ruleau, 83 Vt 151, 74 A 1005. For… …   Ballentine's law dictionary

  • seisin in law — The right to immediate possession of land under a freehold title. The right to make immediate seisin, which, existing in a husband during coverture, is a subject to which common law dower or its statutory equivalent attaches. 25 Am J2d Dow § 26.… …   Ballentine's law dictionary

  • seisin in deed — A seisin in fact. An actual corporeal seisin which, existing in the husband, is a subject to which common law dower or its statutory equivalent attaches. 25 Am J2d Dow § 26 …   Ballentine's law dictionary

  • seisin by hasp and staple — The investiture of a person of seisin by the feoffee s taking hold of the hasp of the door of the house and then bolting himself in …   Ballentine's law dictionary

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