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Legal Definitions - habere facias seisinam

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Definition of habere facias seisinam

Definition: Habere facias seisinam is a legal term that means "that you cause to have seisin." It refers to a writ of execution that commands the sheriff to give the applicant seisin of the recovered land. This writ was the proper process for giving seisin of a freehold, as distinguished from giving only a chattel interest in land.

Example: If a person wins a lawsuit over a piece of land, they may use a habere facias seisinam writ to ensure that they receive full ownership and possession of the land.

This legal term is important because it distinguishes between different types of ownership and possession of land. It specifically refers to the process of giving seisin of a freehold estate in land, which is a type of ownership that grants the owner full possession and control of the land. This is different from a chattel interest in land, which only grants the owner a limited right to use the land for a specific purpose.

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Simple Definition

Habere facias seisinam is a legal term that means "that you cause to have seisin." It is a writ of execution that commands the sheriff to give the applicant seisin of the recovered land. Seisin, on the other hand, refers to possession of a freehold estate in land or ownership. It is the completion of the ceremony of feudal investiture, by which the tenant was admitted into freehold.

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