Legal Definitions - FINESUR DONE GRANT ET RENDER

FINESUR DONE GRANT ET RENDER is a historical legal process, originating in medieval English law, used to transfer land ownership. The term translates from Law French as "fine upon gift, grant, and render." This method was essentially a sophisticated, two-step legal maneuver, disguised as a fictional lawsuit (known as a "fine"), designed to create complex and specific arrangements for land ownership that could not be achieved through simpler conveyances.

The process involved two distinct steps:

• Acknowledgment of Ownership (the "done" part): The person receiving the land (the 'cognizee') would formally acknowledge in court that the original owner (the 'cognizor') had initially given them the land. This first step established the recipient's full, undisputed ownership.
• Grant Back with Limitations (the "grant et render" part): Immediately after this acknowledgment, the recipient would then "grant back" the land to the original owner or a third party, but with specific conditions or a different, more limited type of ownership interest. This second step allowed for the creation of intricate estates, such as life estates, future interests, or specific rights of use.

Essentially, a finesur done grant et render was a way to legally formalize a complex transfer where the land was initially given outright, and then a specific, often lesser or conditional, interest was immediately returned or created for someone else.

Here are some examples illustrating its application:

• Example 1: Creating a Life Estate

  In the 16th century, Lord Ashworth wished to ensure his son, Thomas, would inherit his manor, but he also wanted to guarantee his own right to live on the property for the remainder of his life. Using a finesur done grant et render, Lord Ashworth would first acknowledge that Thomas had full ownership of the manor (the "done" part). Immediately afterward, Thomas would "grant back" to Lord Ashworth a life estate, meaning Lord Ashworth had the right to occupy and use the property until his death, after which full ownership would revert to Thomas (the "grant et render" part). This complex arrangement ensured both Lord Ashworth's security and Thomas's eventual inheritance.

• Example 2: Establishing a Reversionary Interest

  Lady Beatrice wanted to provide for her widowed sister, Margaret, by allowing her to live in a cottage on Lady Beatrice's estate for a period of fifteen years. However, Lady Beatrice intended for the cottage to return to her own direct heirs after that period. Through a finesur done grant et render, Lady Beatrice would first acknowledge Margaret's full ownership of the cottage (the "done" part). Then, Margaret would "grant back" the cottage to Lady Beatrice's heirs, subject to her fifteen-year tenancy (the "grant et render" part). This created a clear reversionary interest, ensuring the property returned to Lady Beatrice's family after Margaret's specified term.

• Example 3: Settling Land for Future Generations with Interim Management

  A wealthy merchant, Mr. Davies, wanted to settle a valuable piece of farmland for the benefit of his future grandchildren, but he desired his daughter, Sarah, to manage the land and receive income from it during her lifetime. Mr. Davies would use a finesur done grant et render. First, he would acknowledge that Sarah had full ownership of the land (the "done" part). Then, Sarah would "grant back" the land to a trustee, with instructions that she would receive the income during her life, and upon her death, the land itself would pass to her children (Mr. Davies's grandchildren) (the "grant et render" part). This allowed for a sophisticated, multi-generational arrangement of interests, ensuring both immediate benefit and future inheritance.