Legal Definitions - cum herezeldis

Cum herezeldis is a historical term originating from Scots law. It translates literally to "with herezelds" or, more descriptively, "with the best things that move." This phrase referred to a customary practice where, upon a specific event—most commonly the death of a tenant—the landlord or superior was entitled to claim the tenant's most valuable movable asset. Historically, this asset was typically an animal, such as the best horse or cow, and represented a form of feudal due or payment.

While cum herezeldis is an archaic term not used in modern law, we can understand its underlying principle through illustrative scenarios:

• Imagine a very old, traditional family agreement concerning the stewardship of an ancestral estate. A condition, passed down through generations, stipulates that if the current steward passes away without a direct heir, the most valuable piece of movable antique furniture or artwork they acquired during their tenure on the estate must be returned to the family trust. This illustrates the concept of "the best things that move" (the valuable antique) being transferred upon a specific event (the steward's death without an heir) as a customary obligation.

• Consider a hypothetical, highly specialized lease agreement for a commercial workshop. The lease includes an unusual clause, inspired by historical customs, stating that upon the tenant's voluntary early termination of the lease, the landlord has the right to claim the single most valuable piece of movable, non-fixture machinery owned by the tenant and located within the workshop. Here, "the best things that move" refers to the most valuable piece of machinery, and its transfer to the landlord is triggered by the specific event of early lease termination, serving as a form of compensation or traditional due.