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Concept
Feoffment
Résumé
In the Middle Ages, especially under the European feudal system, feoffment ˈfɛfmənt or enfeoffment was the deed by which a person was given land in exchange for a pledge of service. This mechanism was later used to avoid restrictions on the passage of title in land by a system in which a landowner would give land to one person for the use of another. The common law of estates in land grew from this concept.
The word feoffment derives from the Old French feoffement or fieffement; compare with the Late Latin feoffamentum.
In English law, feoffment was a transfer of land or property that gave the new holder the right to sell it as well as the right to pass it on to his heirs as an inheritance. It was total relinquishment and transfer of all rights of ownership of an estate in land from one individual to another. In feudal England a feoffment could only be made of a fee (or "fief"), which is an estate in land, that is to say an ownership of rights over land, rather than ownership of the land itself, the only true owner of which was the monarch under his allodial title. Enfeoffment could be made of fees of various feudal tenures, such as fee-tail or fee-simple. The term feoffment derives from a conflation of fee with off (meaning away), i.e. it expresses the concept of alienation of the fee, in the sense of a complete giving away of the ownership.
The medieval English law of property was based on the concept of transferring ownership by delivery: easy to do with a horse, but impossible with land, i.e. with immoveable property. Thus the conveyance (i.e. delivery) of land to the new tenant, known as the delivery of seisin, was generally effected on the land itself in a symbolic ceremony termed "feoffment with [de]livery of seisin." In the ceremony, the parties would go to the land with witnesses "and the transferor would then hand to the transferee a lump of soil or a twig from a tree – all the while intoning the appropriate words of grant, together with the magical words 'and his heirs' if the interest transferred was to be a potentially infinite one.
Source officielle
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