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FEOFFMENT , in See also: English See also: law, during the feudal See also: period, the usual method of granting or conveying a See also: freehold or See also: fee
.
For the derivation of the word see See also: FIEF and FEE
.
The essential elements were See also: livery of seisin (delivery of possession), which consisted in formally giving to the feoffee on the See also: land a clod or See also: turf, or a growing twig, as a See also: symbol of the transfer of the land, and words by the feoffor declaratory of his intent to deliver possession to the feoffee with a See also: limitation " of the estate intended to be transferred
.
This was called livery in deed
.
Livery in law was made not on but in sight of this land, the feoffor saying to the feoffee, " I give you that land; enter and take possession." Livery in law, in See also: order to pass the estate, had to be perfected by entry by the feoffee during the joint lives of himself and the feoffor
.
It was usual to evidence the feoffment by writing in a charter or deed of feoffment; but writing was not essential until the See also: Statute of Frauds; now, by the Real See also: Property See also: Act 1845, a See also: conveyance of real property is void unless evidenced by deed, and
thus feoffments have been rendered unnecessary and superfluous
.
All corporeal hereditaments were by that act declared to be in 'See also: grant as well as livery, i.e. they could be granted by deed without livery
.
A feoffment might be a tortious conveyance, i.e. if a
See also: person attempted to give to the feoffee a greater estate than he himself had in the land, he forfeited the estate of which he was seised
.
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