Legal Definitions - vesture

The term vesture has two primary historical meanings in a legal context:

• 1. Plant Growth on Land (excluding trees):

  Historically, vesture refers to the natural or cultivated plant growth that covers land, specifically excluding large trees. This includes things like crops, grass, shrubs, undergrowth, and stubble. It represents the surface vegetation distinct from the soil itself or any permanent timber.

  • Example 1: Agricultural Land Sale

    Imagine a farmer who sells their agricultural property in the spring, but the sales contract includes a clause stating that the farmer retains the right to harvest the corn crop that will grow during the upcoming summer. The buyer will own the land, but the farmer will own the harvest.

    Explanation: In this scenario, the corn crop, which is the seasonal growth on the land, is considered the vesture. The agreement clearly separates the ownership of the land itself from the right to the specific plant growth on it.

  • Example 2: Grazing Rights on Common Land

    Consider a historical village where residents had "common rights" to allow their sheep to graze on a specific meadow. These rights allowed them to utilize the grass and other low-lying plants for their livestock.

    Explanation: The grass and other forage plants that the villagers' sheep consumed were the vesture of the meadow. Their right was specifically to this plant growth, not to the ownership of the land itself or any trees growing there.

• 2. Formal Possession or Grant of Rights:

  Historically, vesture could also refer to the formal act of granting possession of land or a right, or the actual possession itself. This meaning is closely related to terms like seisin (the possession of land by freehold) and investiture (the formal ceremony of conferring property, a title, or a right).

  • Example 1: Medieval Land Grant

    In medieval times, when a king granted a noble a fief (a parcel of land), there was often a formal ceremony. During this ceremony, the king might symbolically hand the noble a clod of earth or a branch, signifying the transfer of the land and the rights associated with it.

    Explanation: This ceremonial act of formally granting and establishing the noble's right to possess the land was historically referred to as vesture or investiture, marking the official transfer of legal possession and rights.