Legal Definitions - hors de son fee

Hors de son fee

This is a historical legal term referring to a defense used in medieval English law. When someone was sued for rent or services related to a piece of land, the defendant could raise the plea of hors de son fee. This meant they were arguing that the land in question was not actually part of the plaintiff's "fee" or estate—the property over which the plaintiff had legal rights and authority. Essentially, the defendant claimed the plaintiff had no right to demand rent or services because they didn't legally own or control that particular parcel of land.

• Example 1: A Feudal Rent Dispute

  Imagine a powerful medieval lord, Lord Ashworth, attempting to collect annual rent from a farmer, Thomas, for a specific field. Thomas, however, believes that his field actually falls within the recognized boundaries of a neighboring estate belonging to Lady Beatrice, and that he owes his allegiance and any payments to her. If Lord Ashworth were to sue Thomas for unpaid rent, Thomas could use the defense of hors de son fee, arguing that the field is "out of Lord Ashworth's fee," and therefore Lord Ashworth has no legal claim to rent from him.

  Explanation: This example illustrates the core of the defense: the defendant (Thomas) claims the land is not within the plaintiff's (Lord Ashworth's) rightful estate, challenging the plaintiff's authority to demand rent.

• Example 2: Obligation for Services

  Consider a scenario where a baron, Baron von Richter, demands that a local miller, Klaus, provide a certain number of days of labor each year to maintain the baron's castle walls. Klaus, whose mill and surrounding land have historically been associated with a different, smaller lordship, could argue that his property is not part of Baron von Richter's domain. If sued for failing to provide the demanded labor, Klaus could plead hors de son fee, asserting that his land falls outside the baron's "fee," and thus he owes no such service to Baron von Richter.

  Explanation: Here, the defense is used against a demand for services. Klaus argues that because his land is not within Baron von Richter's legal estate, he is not obligated to provide services to him.

• Example 3: Disputed Common Land Rights

  In a village where land ownership was often complex and boundaries sometimes fluid, a wealthy landowner, Sir Reginald, might attempt to impose a new tax or levy a charge on villagers for grazing their livestock on a piece of common pasture. The villagers, believing this pasture to be communal land not owned by Sir Reginald, could collectively resist. If Sir Reginald brought an action to enforce his claim, the villagers could argue hors de son fee, contending that the common pasture was "out of his fee" and therefore he had no right to demand payment for its use.

  Explanation: This example demonstrates the defense in a context of disputed rights over land use. The villagers are asserting that the land in question is not part of Sir Reginald's property, thereby negating his claim to levy charges.