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FEOFFMENT

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Originally appearing in Volume V10, Page 261 of the 1911 Encyclopedia Britannica.
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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 See also:seisin (delivery of See also: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 See also:transfer of the land, and words by the feoffor declaratory of his See also:intent to deliver possession to the feoffee with a See also:limitation " of the See also:estate intended to be transferred. This was called livery in See also: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 See also:joint lives of himself and the feoffor. It was usual to See also:evidence the feoffment by See also:writing in a See also: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.

End of Article: FEOFFMENT

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