Legal Definitions - concessi

Concessi is a Latin term historically used in legal documents, meaning "I have granted." In the context of old English property law, particularly leases, the inclusion of the word concessi had a specific legal effect. It signified that the grantor (the person giving the lease) was creating a covenant within the lease agreement. A covenant is a formal promise or agreement contained within a legal document.

Crucially, while concessi created a covenant – meaning the grantor promised to uphold certain terms of the lease, such as allowing the tenant to occupy the property – it did not act as a warranty of title. This means it did not guarantee that the grantor had perfect, undisputed ownership of the property being leased. Instead, it primarily established the terms and conditions of the grant itself, creating obligations for the grantor regarding the leasehold interest, rather than guaranteeing the underlying freehold ownership.

• Example 1: Historical Commercial Lease

  A 17th-century document for a shop lease states, "The Lessor, by these presents, concessi and demised unto the Lessee..."

  Explanation: Here, concessi indicates that the landlord is granting the tenant the right to occupy and use the shop for a specified period. It creates a covenant, meaning the landlord promises to allow the tenant quiet enjoyment of the premises according to the lease terms. However, it does not guarantee that the landlord's ownership of the shop building itself is free from all possible historical claims or disputes; it only establishes the terms of the tenant's right to occupy.

• Example 2: Agricultural Land Lease

  In a historical lease agreement for a plot of farmland, the landowner used the phrase "...hath concessi and let to farm..." to describe the tenant's rights.

  Explanation: This use of concessi signifies that the landowner is granting the farmer the right to cultivate the land and benefit from its produce under the terms of the lease. It creates a covenant where the landowner promises to allow the farmer to exercise these rights. However, it does not provide an absolute assurance that the landowner's title to the farmland is completely unchallengeable by any third party; it merely sets out the conditions of the leasehold grant.

• Example 3: Long-Term Residential Lease

  An old indenture for a 99-year lease of a dwelling house contains the clause, "The Grantor doth hereby concessi, demise, and to farm let..."

  Explanation: In this context, concessi establishes the grantor's act of conferring the right to occupy the house for the long lease term. It creates a covenant, obligating the grantor to ensure the tenant can enjoy the property as per the lease. Yet, this word alone would not serve as a guarantee that the grantor possessed an unblemished, perfect title to the freehold of the house, only that they were granting the leasehold interest under the specified conditions.