Legal Definitions - constructive seisin

Constructive seisin refers to a legal concept where a person is considered to be in possession of land, even if they are not physically occupying it. This legal recognition arises when someone has a clear legal right to possess the property, such as through a valid deed, inheritance, or other legal title, and no one else is physically occupying it adversely to their claim. Essentially, the law acknowledges their ownership and right to control the property, even without their physical presence on the land.

Here are some examples to illustrate this concept:

• Example 1: Newly Purchased Vacant Land

  Imagine a person who purchases a plot of undeveloped land in a rural area. They have completed all the legal paperwork, received the deed, and are now the rightful owner. However, they live in a different city and have not yet visited the property, nor have they started any construction or placed any markers on it.

  How it illustrates constructive seisin: Even though the new owner has never physically set foot on the land, the law grants them constructive seisin. Their legal title (the deed) establishes their right to possess the property, and since no one else is occupying it, the law recognizes their ownership and control, protecting their rights from the moment of purchase.

• Example 2: Inherited Property Awaiting Sale

  Consider a situation where an individual inherits a house after a relative passes away. The house is now empty, and the heir lives in another state, planning to sell the property in a few months. They have not moved into the house, nor have they visited it since the inheritance was legally transferred to them.

  How it illustrates constructive seisin: Through the process of inheritance, the individual gains legal title to the property. Despite not physically occupying the house, they have constructive seisin. This legal recognition ensures their ownership rights are protected, and they are considered in possession, allowing them to manage, maintain, or sell the property without needing to be physically present.

• Example 3: Landlord with a Vacant Rental Unit

  A landlord owns an apartment building. One of the rental units becomes vacant after a tenant moves out, and it takes a few weeks for the landlord to find and approve a new tenant. During this interim period, the apartment is completely empty.

  How it illustrates constructive seisin: While the apartment is empty, the landlord, as the legal owner of the property, maintains constructive seisin over the vacant unit. They do not physically reside in the apartment, but their legal ownership and right to lease it out means the law considers them in possession, protecting their property rights and allowing them to prepare the unit for the next tenant.