Legal Definitions - quietare

Quietare is a historical legal term that means to release someone from a claim, obligation, or liability, effectively declaring them free from responsibility or harm. It was particularly used in legal documents related to the transfer of property, known as conveyances, to ensure that the new owner or party was not burdened by previous issues or claims associated with the property.

Here are some examples illustrating the application of "quietare":

• Example 1: Property Sale and Title Claims

  In a 17th-century land transaction, when Lord Ashworth sold a large estate to Sir Reginald, the deed of conveyance included a specific clause stating that Lord Ashworth would "quietare" Sir Reginald from any past claims or encumbrances on the land's title that arose before the date of the sale.

  Explanation: By using "quietare," Lord Ashworth legally guaranteed that Sir Reginald would not be held responsible for any historical debts, liens, or disputes over ownership that might have existed on the property prior to his purchase. Sir Reginald was effectively discharged from any such potential liabilities, ensuring he received a clear title.

• Example 2: Feudal Obligations in Land Grants

  A medieval charter granting a tenant the right to farm a specific plot of land might have included language to "quietare" the tenant from any previous feudal dues or services owed by prior occupants of that particular plot.

  Explanation: In this context, the grantor (the lord or landowner) was ensuring that the new tenant was not burdened with the historical obligations of previous tenants for that specific piece of land. The tenant was held harmless from those past responsibilities, allowing them to start fresh with their own set of duties.

• Example 3: Release from Specific Burdens

  Consider a historical agreement where a landowner had granted a neighbor a temporary right-of-way across their property for a specific purpose. When the landowner later sold that particular portion of land, the new deed might have included a provision to "quietare" the new owner from the obligation to maintain that old right-of-way, as it was no longer needed or desired.

  Explanation: Here, "quietare" served to release the new property owner from a specific, pre-existing burden or obligation tied to the land. It discharged them from the responsibility of maintaining a right-of-way that was relevant only to the previous owner, ensuring they were not held accountable for it.