Legal Definitions - ut de feodo

The Latin legal phrase ut de feodo translates to "as of fee" or "as if of fee." In legal terms, a "fee" (specifically "fee simple") refers to the most complete and absolute form of ownership of real property, meaning the owner has full rights to the land and can pass it on to their heirs indefinitely. Therefore, ut de feodo describes a situation where a person or entity holds or claims a right or interest in land that is treated or recognized as being equivalent to full, inheritable ownership, even if the precise legal nature of the right might be different or historically nuanced.

This term is often found in historical legal documents or discussions concerning long-standing rights that function much like outright ownership.

• Example 1: Customary Village Rights

  Imagine a medieval village where the inhabitants have, for centuries, exercised the right to graze their livestock on a specific common pasture and collect firewood from a particular forest. Even though the village community might not hold a formal deed of ownership for these lands in the modern sense, their long-established and inherited rights are often described as being held ut de feodo. This means their collective right to use these resources is treated as a permanent, inheritable interest, akin to owning the rights to the land itself, passed down through generations of villagers.

• Example 2: Feudal Land Grants

  In a feudal system, a lord might grant land to a knight in exchange for military service. While the knight doesn't own the land absolutely (it's held "of" the lord), the grant could be made ut de feodo. This signifies that the knight and his descendants have a permanent, inheritable right to possess, use, and profit from that land, subject to their feudal obligations. The right is treated "as if" it were full ownership, ensuring its continuity within the knight's family line, rather than being a temporary or revocable privilege.

• Example 3: Long-Standing Right of Way

  Consider a farmer who, for over a hundred years, has consistently used a specific track across a neighbor's property to access a remote part of his own fields. This usage has been open, continuous, and without the neighbor's explicit permission or objection. If the farmer were to assert his right to continue using this path, he might argue that his right has been established ut de feodo. This implies that his long-term, uninterrupted use has created a permanent and inheritable right to traverse the neighbor's land, effectively treating this right-of-way as a permanent fixture of his own property, much like an owner would control access to their land.