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NeCede's

Maxim 5.2.23

In no tenement which is held for a term of years is there an avail of homage; but there is the oath of fealty (loyalty).

Source: Co. Litt. 67b; Weisman, 70i Difficulty 3/5 — Intermediate

Explanation

(English-origin maxim.) A tenant for years owes fealty but not homage — the oath of loyalty is required of all tenants, but the ceremony of homage is reserved for freehold estates.

Where this applies

  • A tenant renting a shop for a five-year term owes loyalty to the landlord but does not owe the formal ceremony of homage that a freeholder would.
  • A leaseholder is required to swear an oath of fealty to the lord of the manor, but since he holds only a term of years, homage is not demanded of him.
  • A farmer holding land under a fixed-term lease acknowledges his obligation of loyalty to the landowner but is not expected to perform the feudal ritual of homage.

Legal domains

Cite this maxim

NeCede Max. 5.2.23 — In no tenement which is held for a term of years is there an avail of homage; but there is the oath of fealty (loyalty). — Co. Litt. 67b; Weisman, 70i

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