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NeCede's

Maxim 5.2.27

A fee cannot in any way be constituted without investiture.

Feudum sine investitura nullo modo constitui potest.

Source: Wharton, III-114 Difficulty 3/5 — Intermediate

Explanation

A feudal estate cannot be created without investiture — actual delivery of possession (livery of seisin) is essential to the creation of a freehold interest in land.

Where this applies

  • A nobleman attempts to create a freehold estate by simply signing a document, but the grant fails because no actual delivery of possession — livery of seisin — took place.
  • A lord grants land to a vassal by written charter alone, but the law requires the vassal to physically receive possession on the land itself for the fee to be valid.
  • A seller of farmland executes a deed but never hands over the keys or walks the buyer onto the property, and the court holds the fee was never properly constituted.

Legal domains

Cite this maxim

NeCede Max. 5.2.27 — A fee cannot in any way be constituted without investiture. — Wharton, III-114 (Feudum sine investitura nullo modo constitui potest.)

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