Feoffment

Feoffment (infendare), the oldest and for a long period the only method for the conveyance of land known in England. Feoffment consisted in the formal conveyance of the land from the feoffor to the feoffee, the former stating distinctly the measure of the estate conferred, whether it was in Fee (q.v.), in tail, or for life. Where no mention of the duration of the estate was made, the gift was presumed to be for life. This conveyance of the land, in order to be complete, required to be accompanied by Livery of Seisin, which was of two kinds—viz. in deed and in law. In the former case, the parties being actually upon the land, the feoffor, by delivery of a twig or a turf, testified his conveyance of the land. In livery in law, the parties being in sight of the land, the feoffor referring to the land gave possession to the feoffee 'in name of seisin.' This mode of feoffment was ineffectual unless the feoffee entered into possession during the life of the feoffor. Livery in deed might be effected by attorney; but livery in law only by the parties themselves. When the practice of embodying the transaction in a deed was introduced it became customary, but not essential, to indorse on the deed the fact that livery of seisin had been made. By the statute of Frauds, passed in 1678, it was declared that no estate created by livery of seisin, unless accompanied by writing, signed by the party or his agent, should be of any effect, except as an estate at will. A feoffment is now void unless accompanied by deed. The law formerly gave so great an effect to a feoffment that a party could in some cases convey a greater estate than he had; the parties wronged by his act being disseised of their estates unless they could recover them by entry on the land or by action. But a feoffment now has no tortious operation. Feoffment was the form adopted for conveying the legal estate in land to trustees or 'feoffees to uses' (see USES). It must be observed that the practice of feoffment above described, and which has existed in England from time immemorial, differed materially from the old form of investiture in use in strictly feudal times, and from that which still prevails in Scotland. In England the transaction was simply a conveyance by the actual holder of the land to a new tenant, testified by certain ceremonies, but requiring no confirmation by the lord to complete it. In Scotland no transfer of heritage is complete without the formal confirmation of the superior; acceptance by the superior, and the performance of the pecuniary services attendant on that acceptance, are still preserved. See the articles INFETMENT, SASINE, and FEUDAL SYSTEM.