Legal Definitions - quasi-seisin

Quasi-seisin refers to the legal concept of having a recognized right or interest in something intangible that is treated as if it were physical possession of land. While "seisin" traditionally denotes actual, physical possession of land as an owner, "quasi-seisin" extends this principle to certain non-physical rights associated with real estate, such as easements or rights to extract resources.

This legal fiction ensures that these intangible rights receive similar legal protection and recognition as actual land ownership, even though they do not involve direct physical occupation of the property.

• Example 1: Right of Way (Easement)

  Imagine a homeowner whose property does not directly touch a public road. They have a legally established right, called an easement, to drive across a specific portion of their neighbor's land to reach their own driveway. The homeowner does not own the neighbor's land, but they have a permanent, legally protected right to use that specific path.

  How it illustrates quasi-seisin: The homeowner has "quasi-seisin" over this right of way. They possess an intangible legal right to use another's property, and this right is treated by law with a similar level of protection and recognition as if they physically owned that strip of land for access purposes. If someone blocks their path, they can seek legal remedies just as if their own property were being interfered with.

• Example 2: Right to Fish (Profit à prendre)

  Consider a local angling club that has purchased a perpetual legal right to fish in a particular stretch of a river that runs through private property. The club does not own the riverbed or the surrounding land, but they have an exclusive, inheritable right to catch fish there.

  How it illustrates quasi-seisin: The angling club holds "quasi-seisin" over this fishing right. They have a legally recognized and protected interest in the resource (the fish) and the ability to exercise that right on another's land. This intangible right is treated with a similar legal standing to the possession of physical property, allowing the club to defend its right against infringement.