Legal Definitions - customary seisin

Customary seisin refers to the long-standing, recognized exercise of a right over land that does not involve physical possession of the land itself, but rather a specific use or benefit derived from it. This right is established and upheld by local custom or tradition, rather than a formal written agreement, and is treated similarly to how actual land ownership was historically recognized in terms of its transfer or inheritance. It essentially means having a customary "ownership" of a particular use of land, rather than the land itself.

Here are some examples illustrating customary seisin:

• Imagine a small village where, for generations, local farmers have allowed their sheep to graze on a particular piece of common land adjacent to their properties. Even though the legal title to this common land might be held by a local council or a private estate, the farmers' continuous and unchallenged practice of grazing their livestock has established a customary seisin over this specific use of the land. This means they have a recognized, traditional right to graze their animals there, which is upheld by the community's long-standing practice rather than a formal deed or lease.

• Consider a fishing community situated along a river that flows through privately owned estates. For centuries, the villagers have traditionally fished in a specific stretch of the river, passing down this practice through generations. While they do not own the riverbed or the surrounding land, their continuous and accepted practice of fishing establishes a customary seisin over the fishing rights in that particular area. This customary right allows them to continue fishing, even without a modern written agreement from the current landowner, because the right is rooted in established local tradition.

• Picture a historic pathway that cuts across a private farm, providing the only convenient access for residents of a nearby hamlet to reach the local church or market. If this path has been openly and continuously used by the hamlet's residents for many decades, or even centuries, without permission being sought or challenged, it could establish a customary seisin for a right of way. The residents do not own the path itself, but their long-standing, customary use grants them a recognized right to traverse it, which is protected by the force of tradition and continuous practice.