Legal Definitions - feoffment

Feoffment is a historical legal term referring to the formal act of transferring ownership of land, specifically a "freehold estate" (meaning full and perpetual ownership, similar to modern "fee simple"), from one person to another. This transfer was traditionally accompanied by a public, symbolic ceremony known as livery of seisin, where the giver (feoffor) would physically deliver possession of the land to the receiver (feoffee), often by handing over a twig or a clod of earth while on the property. The term could also refer to the land itself that was transferred, or the document (charter) that recorded the transfer.

A specific type, feoffment to uses, involved transferring land to one person to hold for the benefit of another, laying groundwork for modern trust law.

• Example 1 (The Act of Conveyance):

  Imagine Sir Reginald, a wealthy landowner in 14th-century England, wished to grant a parcel of his estate to his loyal steward, Thomas, as a reward for years of service. To complete the feoffment, Sir Reginald and Thomas would go to the specific plot of land. In front of witnesses, Sir Reginald would hand Thomas a handful of soil from the ground, declaring aloud that he was transferring full ownership of the land to Thomas and his heirs. This symbolic act, the livery of seisin, publicly demonstrated the transfer of legal possession and ownership, making it a valid feoffment.

• Example 2 (The Land Itself):

  Lady Eleanor inherited a vast estate, including several farms and woodlands. One particular woodland, known as "Blackwood," had been granted to her great-grandfather by the local baron centuries ago through a formal legal act. In this context, "Blackwood" itself was often referred to as a feoffment – the specific piece of land that had been conveyed with full ownership rights through that historical legal act of transfer.

• Example 3 (Feoffment to Uses):

  Before embarking on a dangerous crusade, Lord Arthur wanted to ensure his young children would be provided for if he did not return. He performed a feoffment to uses, transferring legal ownership of his manor and lands to his trusted friend, Sir Gareth. The understanding was that Sir Gareth would manage the property and its income for the benefit of Lord Arthur's children, even though Sir Gareth held the legal title. Sir Gareth was bound by conscience to use the land for the children's welfare, not his own, illustrating an early form of a trust arrangement.