Maxim 1.5.70
A fee is that which anyone holds, from whatever cause, whether it be a tenement or a rent.
Feodum est quod quis tenet ex quacunque causa, sive sit tenementum sive reditus.
Source: Co. Litt. 1; Jackson
Difficulty 2/5 — Approachable
Explanation
The term "fee" encompasses all inheritable interests, whether in land or in rent — it is defined by the nature of the holding, not by its physical form.
Where this applies
- A dispute arises about whether a rent payment is a freehold interest.
- Someone questions the nature of their holding in a property.
Legal domains
Cite this maxim
NeCede Max. 1.5.70 — A fee is that which anyone holds, from whatever cause, whether it be a tenement or a rent. — Co. Litt. 1; Jackson (Feodum est quod quis tenet ex quacunque causa, sive sit tenementum sive reditus.)
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