Legal Definitions - riens passa per le fait

Riens passa per le fait is a historical legal plea, originating from Law French, which translates to "nothing passed by the deed." This plea was used by a party in court to argue that a formal legal document, specifically a deed that had been officially recorded or acknowledged, did not actually transfer any rights, property, or legal interest as it purported to do. Essentially, it was a way to challenge the legal effect of a deed, asserting that despite its formal creation and recording, it was fundamentally ineffective and therefore "nothing passed" through it.

Here are some examples illustrating how this plea might have been used:

• Example 1: Forgery or Fraudulent Execution

  Imagine in 18th-century England, Mr. Thompson claims ownership of a valuable piece of land based on a deed that was recorded many years prior. However, Mrs. Davies, who has been living on and cultivating the land for decades, asserts that the signature on that deed, purporting to be from her ancestor who owned the land at the time, is a forgery. She argues that her ancestor never signed such a document and therefore never intended to transfer the land.

  In this scenario, Mrs. Davies would raise the plea of riens passa per le fait. She would contend that because the deed was a forgery, it was never a valid instrument of transfer. Consequently, no legal title or interest in the land ever truly passed from her ancestor to Mr. Thompson's predecessors, despite the deed's formal appearance in court records.

• Example 2: Lack of Legal Capacity

  Consider a situation where, in the 17th century, an elderly landowner, Sir Alistair, signed a deed transferring his manor to a distant relative, Lord Blackwood. Sir Alistair's children later challenge this transfer, presenting evidence that at the time of signing, their father was suffering from severe cognitive decline due to illness and was not of sound mind to understand the implications of transferring his entire estate.

  The children would employ the plea of riens passa per le fait. Their argument would be that because Sir Alistair lacked the legal capacity to make such a significant decision and execute a valid contract, the deed was void from its inception. Therefore, "nothing passed" from him to Lord Blackwood, meaning Lord Blackwood did not legally acquire the manor.

• Example 3: Non-Delivery or Unfulfilled Conditions

  Suppose a wealthy merchant, Mr. Henderson, signed a deed to transfer ownership of a shipping vessel to his business partner, Mr. Grant. However, Mr. Henderson explicitly stated that the deed would only become legally effective and delivered once Mr. Grant secured a specific, large investment for their joint venture. Mr. Henderson kept the signed deed in his strongbox, awaiting confirmation of the investment. Before the investment was secured, Mr. Henderson unexpectedly died. Mr. Grant then attempted to claim the vessel based on the signed deed.

  Mr. Henderson's heirs would use riens passa per le fait to argue that because the condition precedent for the deed's effectiveness (securing the investment) was never met, and the deed was never legally delivered to Mr. Grant, no actual transfer of the vessel occurred. Thus, "nothing passed by the deed," and the vessel remained part of Mr. Henderson's estate.