Feoffment

A gift of any corporeal hereditaments to another. It operates by transmutation of possession; and it is essential to its completion that the seisin be passed.

Watk. Conv. 183.

The conveyance of a corporeal hereditament either by investiture or by livery of seisin.

1 Sullivan, Lect. 143; 1 Washb. R. P. 33; Chal. R. P. 363.

A gift of a freehold interest in land accompanied by livery of seisin. In mediaeval days it was the normal mode of transferring a freehold interest in land of free tenure. The essential part is the livery of seisin.

3 Holdsw. Hist. E. L. 187.

The instrument or deed by which such hereditament is conveyed. This was one of the earliest modes of conveyance used in the common law. It signified originally the grant of a fee or feud; but it came in time to signify the grant of a free inheritance in fee, respect being had rather to the perpetuity of the estate granted, than to the feudal tenure; 1 Reeve, Hist. Eng. Law 90. The feoffment was likewise accompanied by livery of seisin; 1 Washb. R. P. 33. The conveyance by feoffment with livery of seisin has become infrequent, if not obsolete, in England, and in this country has not been used in practice; Dane, Abr. c.

104; Stearn, Real Act. 2; Green v. Liter, 8 Cra. (U. S.) 229, 3 L. Ed. 645.

Formerly the use of writing was the exception; after the Conquest it became more frequent. Writing was not required until the statute of frauds; 3 Holdsw.

Hist. E. L. 187.