Legal Definitions - per mitter le droit

per mitter le droit is a historical legal concept from Law French, meaning "by passing the right."

This term describes a specific legal action, primarily in historical property law, where a person who held a legal claim, interest, or "right" to a piece of property would formally transfer or release that right to another person who already had physical possession of the property. The purpose of "per mitter le droit" was to consolidate the ownership, effectively combining the legal right with the existing possession to make the possessor's title complete, secure, and unchallengeable by the transferor.

Here are some examples to illustrate this concept:

• Example 1: Resolving an Ambiguous Land Claim

  Imagine a historical scenario where a wealthy landowner, Mr. Thorne, had granted a portion of his estate to a tenant, Mr. Davies, many years ago. Over time, the exact boundaries of this grant became unclear, and a distant relative of Mr. Thorne, Ms. Eleanor, discovered an old document suggesting she might have a residual claim to a small part of the land Mr. Davies had been farming for decades. To avoid a lengthy dispute and formalize Mr. Davies's undisputed ownership, Ms. Eleanor could execute a legal instrument to "per mitter le droit" to Mr. Davies. By doing so, she would formally pass her potential historical claim (her "right") to Mr. Davies, who already held physical possession. This action would combine her relinquished right with his long-standing possession, thereby perfecting Mr. Davies's title to the land.

• Example 2: Clarifying Inheritance Disputes

  Consider a situation after the death of a prominent family patriarch. His will was somewhat vague regarding a specific cottage on the family estate. One heir, Sarah, had been living in and maintaining the cottage for several years (possessing it), while another heir, Thomas, believed he had a stronger legal claim based on an older family agreement. To ensure family harmony and solidify Sarah's ownership, Thomas might choose to "per mitter le droit" to Sarah. This means Thomas would formally transfer or release his potential claim or "right" to the cottage to Sarah. Since Sarah already had possession, this act would merge Thomas's relinquished right with her existing possession, making her ownership of the cottage legally complete and unchallengeable by Thomas.

• Example 3: Formalizing Long-Term Occupancy

  In a medieval village, a family of blacksmiths, the Millers, had occupied and worked a specific plot of land for generations, paying rent to the local lord. While they had continuous possession, their formal legal title might have been less robust than the lord's overarching ownership. If the lord wished to grant the Millers full, unchallengeable ownership of their smithy and surrounding plot, he could formally "per mitter le droit" to them. This act would involve the lord passing his superior legal "right" or claim to the land to the Millers, who were already in possession. This would transform their long-term occupancy into a complete and secure freehold ownership, combining the lord's relinquished right with their established possession.