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LSDefine

Simple English definitions for legal terms

actual seisin

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A quick definition of actual seisin:

Actual seisin refers to the possession of a freehold estate in land, which means owning the land. It used to be part of a ceremony where a tenant was admitted into freehold. In Louisiana law, it also means the right of universal successors to own and possess a person's estate immediately after their death. Seisin in deed means actual possession of the land, while seisin in law means the right to immediate possession of the land. Quasi-seisin is when a copyholder possesses the land, but the freehold possession is in the lord.

A more thorough explanation:

Definition: Actual seisin is the possession of a freehold estate in land, which means ownership. It was historically completed through a ceremony of feudal investiture, where the tenant was admitted into freehold. In Louisiana law, it refers to the right of universal successors to own and possess a person's estate directly and immediately upon that person's death.

Example: John inherited a piece of land from his father, but he has not yet entered it. He has the right to immediate possession of the land, which is called seisin in law. However, if John goes to the land and takes physical possession of it, he has actual seisin.

Explanation: In this example, John has inherited the land, which means he has the right to possess it. However, until he physically takes possession of it, he only has seisin in law. Once he takes possession, he has actual seisin, which means he has ownership and possession of the land.

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