Legal Definitions - fait enrolle

Fait enrolle is a historical legal term that refers to a formal, officially recorded document detailing the sale and transfer of a freehold estate. In historical English law, for the sale of significant real property (like land or buildings) to be legally valid and publicly recognized, the deed documenting the transaction had to be "enrolled." This meant it was officially registered in a public record, often a court, providing a clear and enduring public record of the change in ownership.

Here are some examples to illustrate this concept:

• Imagine a scenario in 17th-century England where a landowner, Sir Reginald, decides to sell a significant portion of his agricultural estate to a neighboring farmer, Mr. Davies. To ensure this transfer of land ownership was legally binding and publicly acknowledged, the deed outlining the sale price, the specific boundaries of the land, and the transfer of title from Sir Reginald to Mr. Davies would have been fait enrolle. This official registration would prevent future disputes over ownership and provide a clear historical record for generations to come.

  This example illustrates a fait enrolle as a formal, recorded document for the sale of a freehold estate (agricultural land) between private individuals, emphasizing the need for public registration to establish legal validity.

• Consider a situation in the late 16th century where a wealthy merchant, seeking to elevate his social standing, purchases a grand manor house and its extensive grounds from a financially struggling noble family. The complex legal document detailing this significant transaction, including the transfer of the manor house, all associated buildings, and the surrounding lands, would have been taken to the appropriate court or registry to be fait enrolle. This act of enrollment made the sale a matter of public record, solidifying the merchant's new ownership and protecting his investment against future claims.

  This example demonstrates a fait enrolle in the context of a large-scale property transfer involving a manor house and its estate, highlighting its role in officially recording the change of ownership for a substantial freehold property.