Legal Definitions - bracery

Bracery is a historical legal term that primarily referred to the unlawful act of selling or attempting to sell rights or title to land that the seller did not genuinely possess or have a legitimate claim to. Essentially, it was the offense of pretending to own land or have a valid interest in it, and then trying to profit by selling that false claim. This practice was outlawed in England by a statute during the reign of King Henry VIII.

In some older legal contexts, the term "bracery" was also used interchangeably or in connection with "embracery," which refers to the unlawful attempt to influence a jury. However, its most distinct historical meaning relates to fraudulent land transactions.

Here are some examples illustrating the concept of bracery:

• Imagine a scam artist, Mr. Thorne, who creates fake property deeds for a vacant lot he has no legal connection to. He then approaches an unsuspecting buyer, Ms. Chen, and offers to sell her this "prime development opportunity" at a discounted price, presenting the forged documents as proof of his ownership.

  This scenario illustrates bracery because Mr. Thorne is selling a "pretended right or title" to land. He has no legitimate claim to the vacant lot, yet he attempts to transfer ownership based on false pretenses and fabricated documents.

• Consider a situation where Mr. Davies believes he has a distant, speculative claim to a piece of ancestral land currently owned by a large corporation, based on a very old, unproven family legend. Without any legal confirmation or clear title, he attempts to sell "his future interest" in this land to an investor, Mr. Patel, promising a significant return once his "claim is recognized."

  This demonstrates bracery because Mr. Davies is selling a "pretended right" to land. His claim is not legally established or recognized; it's a speculative belief presented as a transferable interest, which constitutes selling a false or unverified title.

• Suppose Ms. Rodriguez owns a parcel of land, but its true boundaries are heavily disputed by an adjacent landowner, and there's an ongoing lawsuit about the exact property lines. Despite this significant legal cloud over the title, Ms. Rodriguez markets and sells the entire parcel to Mr. Kim as if it has a clear, undisputed title, without disclosing the ongoing litigation or boundary dispute.

  Ms. Rodriguez's actions would be considered bracery because she is selling a "pretended title" to land. While she might own *some* interest, she is misrepresenting the clarity and extent of her ownership, selling a disputed or encumbered title as if it were a clear and unchallengeable right, thereby pretending to have a more complete and secure title than she actually possesses.