Seignory
Encyclopedia
In English law
, Seignory or seigniory (French
seigneur, lord; Latin
senior, elder), the lordship (authority) remaining to a grantor after the grant of an estate in fee simple
.
Nulle terre sans seigneur
("There is no land without its lord") was a feudal
legal maxim
; where no other lord can be discovered the Crown
is lord as lord paramount
. The principal incidents of a seignory were an oath of fealty
; a "quit" or "chief" rent; a "relief" of one year's quit rent, and the right of escheat
. In return for these privileges the lord was liable to forfeit his rights if he neglected to protect and defend the tenant or did anything injurious to the feudal relation.
Every seignory now existing must have been created before the Statute of Quia Emptores
(1290), which forbade the future creation of estates in fee-simple by subinfeudation
. The only seignories of any importance at present are the lordships of manors
. They are regarded as incorporeal hereditament
s, and are either appendant or in gross. A seignory appendant passes with the grant of the manor; a seignory in gross—that is, a seignory which has been severed from the demesne
lands of the manor to which it was originally appendant—must be specially conveyed by deed of grant.
Freehold
land may be enfranchised by a conveyance
of the seignory to the freehold tenant, but it does not extinguish the tenant's right of common (Baring v. Abingdon, 1892, 2 Ch. 374). By s. 3 (ii.) of the Settled Land Act 1882, the tenant for life of a manor is empowered to sell the seignory of any freehold land within the manor, and by s. 21 (v.) the purchase of the seignory of any part of settled land being freehold land, is an authorized application of capital money arising under the act.
English law
English law is the legal system of England and Wales, and is the basis of common law legal systems used in most Commonwealth countries and the United States except Louisiana...
, Seignory or seigniory (French
French language
French is a Romance language spoken as a first language in France, the Romandy region in Switzerland, Wallonia and Brussels in Belgium, Monaco, the regions of Quebec and Acadia in Canada, and by various communities elsewhere. Second-language speakers of French are distributed throughout many parts...
seigneur, lord; Latin
Latin
Latin is an Italic language originally spoken in Latium and Ancient Rome. It, along with most European languages, is a descendant of the ancient Proto-Indo-European language. Although it is considered a dead language, a number of scholars and members of the Christian clergy speak it fluently, and...
senior, elder), the lordship (authority) remaining to a grantor after the grant of an estate in fee simple
Fee simple
In English law, a fee simple is an estate in land, a form of freehold ownership. It is the most common way that real estate is owned in common law countries, and is ordinarily the most complete ownership interest that can be had in real property short of allodial title, which is often reserved...
.
Nulle terre sans seigneur
Nulle terre sans seigneur
In feudal law, Nulle terre sans seigneur is the principle that one provides services to the sovereign for the right to receive land from the sovereign....
("There is no land without its lord") was a feudal
Feudalism
Feudalism was a set of legal and military customs in medieval Europe that flourished between the 9th and 15th centuries, which, broadly defined, was a system for ordering society around relationships derived from the holding of land in exchange for service or labour.Although derived from the...
legal maxim
Legal maxim
A legal maxim is an established principle or proposition. The Latin term, apparently a variant on maxima, is not to be found in Roman law with any meaning exactly analogous to that of a legal maxim in the Medieval or modern sense of the word, but the treatises of many of the Roman jurists on...
; where no other lord can be discovered the Crown
The Crown
The Crown is a corporation sole that in the Commonwealth realms and any provincial or state sub-divisions thereof represents the legal embodiment of governance, whether executive, legislative, or judicial...
is lord as lord paramount
Lord Paramount
Paramount , is the highest authority, or that being of the greatest importance...
. The principal incidents of a seignory were an oath of fealty
Fealty
An oath of fealty, from the Latin fidelitas , is a pledge of allegiance of one person to another. Typically the oath is made upon a religious object such as a Bible or saint's relic, often contained within an altar, thus binding the oath-taker before God.In medieval Europe, fealty was sworn between...
; a "quit" or "chief" rent; a "relief" of one year's quit rent, and the right of escheat
Escheat
Escheat is a common law doctrine which transfers the property of a person who dies without heirs to the crown or state. It serves to ensure that property is not left in limbo without recognised ownership...
. In return for these privileges the lord was liable to forfeit his rights if he neglected to protect and defend the tenant or did anything injurious to the feudal relation.
Every seignory now existing must have been created before the Statute of Quia Emptores
Quia Emptores
Quia Emptores of 1290 was a statute passed by Edward I of England that prevented tenants from alienating their lands to others by subinfeudation, instead requiring all tenants wishing to alienate their land to do so by substitution...
(1290), which forbade the future creation of estates in fee-simple by subinfeudation
Subinfeudation
In English law, subinfeudation is the practice by which tenants, holding land under the king or other superior lord, carved out new and distinct tenures in their turn by sub-letting or alienating a part of their lands....
. The only seignories of any importance at present are the lordships of manors
Lord of the Manor
The Lordship of a Manor is recognised today in England and Wales as a form of property and one of three elements of a manor that may exist separately or be combined and may be held in moieties...
. They are regarded as incorporeal hereditament
Hereditament
In law, a hereditament is any kind of property that can be inherited.Hereditaments are divided into corporeal and incorporeal...
s, and are either appendant or in gross. A seignory appendant passes with the grant of the manor; a seignory in gross—that is, a seignory which has been severed from the demesne
Demesne
In the feudal system the demesne was all the land, not necessarily all contiguous to the manor house, which was retained by a lord of the manor for his own use and support, under his own management, as distinguished from land sub-enfeoffed by him to others as sub-tenants...
lands of the manor to which it was originally appendant—must be specially conveyed by deed of grant.
Freehold
Fee simple
In English law, a fee simple is an estate in land, a form of freehold ownership. It is the most common way that real estate is owned in common law countries, and is ordinarily the most complete ownership interest that can be had in real property short of allodial title, which is often reserved...
land may be enfranchised by a conveyance
Conveyancing
In law, conveyancing is the transfer of legal title of property from one person to another, or the granting of an encumbrance such as a mortgage or a lien....
of the seignory to the freehold tenant, but it does not extinguish the tenant's right of common (Baring v. Abingdon, 1892, 2 Ch. 374). By s. 3 (ii.) of the Settled Land Act 1882, the tenant for life of a manor is empowered to sell the seignory of any freehold land within the manor, and by s. 21 (v.) the purchase of the seignory of any part of settled land being freehold land, is an authorized application of capital money arising under the act.