| English feudalism |
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| Manorialism |
| Feudal land tenure in England |
| Feudal duties |
| Feudalism |
In theMiddle Ages, especially under the Europeanfeudal system,feoffment/ˈfɛfmənt/ orenfeoffment was the deed by which a person was given land in exchange for apledge of service. This mechanism was later used to avoid restrictions on the passage of title in land by a system in which alandowner would give land to one person for the use of another. Thecommon law ofestates in land grew from this concept.
The wordfeoffment derives from theOld Frenchfeoffement orfieffement; compare with theLate Latinfeoffamentum.[1]
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 anestate in land from one individual to another.[citation needed] In feudal England a feoffment could only be made of afee (or "fief"), which is anestate 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 hisallodial title. Enfeoffment could be made of fees of variousfeudal tenures, such asfee-tail orfee-simple.[2] The termfeoffment derives from a conflation offee withoff (meaningaway), i.e. it expresses the concept of alienation of thefee, in the sense of a completegiving 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 theconveyance (i.e. delivery) of land to the new tenant, known as thedelivery 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."[3] A written deed (traditionally a document impressed with the signature and seal of the transferor and the signatures of the witnesses), confirming the symbolic delivery, was customary—and became mandatory after 1677. Gradually the delivery of this deed to the new owner replaced the symbolic act of delivering an object representing the land, such as a piece of the soil.[4] The feoffee (transferee) was henceforth said to hold his property "of" or "from" the feoffor, in return for a specified service (money payments were not used until much later). What service was given depended on the exact form offeudal land tenure involved. Thus, for every parcel of land, during thefeudal era there existed a historical unbroken chain of feoffees, in the form ofoverlords, ultimately springing from feoffments made byWilliam the Conqueror himself in 1066 as the highest overlord of all.
This pattern of land-holding was the natural product of William the Conqueror claiming an allodial title to all the land of England following theNorman Conquest of 1066, and parcelling it out as largefees in the form offeudal baronies to his followers, who then in turn subinfeudated (i.e. sub-divided) the lands comprising their baronies intomanors to be held from them by their own followers and knights (in return, originally, for military service).
When the feoffeesub-enfeoffed his holding, for example when he created a newmanor, he would become overlord to the person so enfeoffed, and amesne lord (i.e. intermediate lord) within the longer historical chain of title. In modern English land law, the theory of such long historical chains of title still exists for every holding infee simple, although for practical purposes it is not necessary at the time of conveyance to recite the descent of the fee from its creation. By the early 20th century it had become traditional to show the chain of former owners for a minimum period of 15 years only, as occupation for 12 years now barred all prior claims. And the establishment, in 1925, of a nationalLand Registry (a voluntary public record of land ownership) obviated the need for recitals of descent for registered parcels.
Subinfeudation of estates in fee simple was abolished in England in 1290 with the statuteQuia Emptores. Thereafter, land could be alienated only bysubstitution, in which the seller gave up all interest in the land and the buyer owed any feudal duties to the overlord.
InChina and some otherEast Asian countries, from the time of theZhou Dynasty (1046–256 BC) relatives and descendants of the ruling family were granted enfeoffments[5] in return for pledging military service to the King or Emperor in times of war. The practice continued into theHan Dynasty, with people such asCai Lun who was enfeoffed as the lord of a small village,Longting [zh], for his services inpapermaking innovations.[6]
