Legal Definitions - congé d'accorder

Congé d'accorder is a historical legal term, originating from Law French, which literally translates to "leave to accord" or "permission to agree." In historical English law, particularly during the period when land ownership transfers were often formalized through a legal fiction known as a "fine of lands" (or "final concord"), courts would use this phrase. It signified the court's formal grant of permission to a defendant in a fictitious lawsuit to agree with the plaintiff's claims regarding land ownership. This agreement was a crucial step in the process of legally transferring property, even though no actual dispute existed.

Here are a few examples illustrating the historical application of congé d'accorder:

• Transferring land within a family: Imagine a wealthy landowner, Sir Reginald, who wished to transfer a parcel of his estate to his nephew, Arthur, as a gift. In an era before modern land registries and straightforward conveyancing, they might use a "fine of lands" to ensure the transfer was legally robust and recorded by the court. Arthur would initiate a fictitious lawsuit against Sir Reginald, claiming rightful ownership of the land. Sir Reginald, acting as the defendant, would then formally request and be granted congé d'accorder by the court. This permission allowed him to legally agree to Arthur's (fictitious) claim, thereby completing the transfer of the land and creating a binding court record of Arthur's new ownership.

• Establishing clear title for a sale: Consider Lady Eleanor, who wanted to sell a manor house, but its ownership history was somewhat complex due to several generations of inheritance and various family settlements. A prospective buyer insisted on a clear, undisputed title. To solidify the title, Lady Eleanor (or the buyer) might arrange for a fictitious lawsuit where the buyer "sued" Lady Eleanor for possession of the manor. Lady Eleanor, as the defendant, would then seek congé d'accorder from the court. Once granted, she could formally agree to the buyer's claim, which, though fictitious, created a strong, court-sanctioned record of the buyer's clear title, making the sale secure.

• Settling a potential inheritance dispute: A wealthy merchant, fearing future disputes among his children over a specific valuable property after his death, wanted to ensure one child, Beatrice, received it without contention. While still alive, the merchant could arrange for Beatrice to "sue" him for the property. He, as the defendant, would then request congé d'accorder. With this permission, he would agree to Beatrice's claim, effectively transferring the property to her through a court-recorded "final concord." This pre-emptively settled the inheritance for that specific property, making it legally binding and less susceptible to challenge by other heirs later.