Re: Ceremonies of property transfer

[clevin@rci.ripco.com (Craig Levin)]

Poster: clevin@rci.ripco.com (Craig Levin)

> Poster: PETERSR@spiegel.becltd.com (Peters, Rise J.)
> 
> Here is my current =best guess= regarding content of the (adapted) property 
> transfer ceremony.  I would be very pleased to have your responses:
> 
> (1) Parties present:
> 
> ==Chairman of the Board of the Corporation (as the representative of the 
> shareholders of the Corporation)

The chairman of what board of what corporation? The board of
trustees for the school? Have him do fealty jointly with the head
of the faculty.

> ==Head of the faculty (what title?) for the College

Generally, he or she is called a provost or chancellor. Ask that
person.

> (2) Location:
> 
> To effect livery of seisin, the ceremony of transfer should take place at or 
> on the land to be transferred (this may not be possible; IIm not sure how 
> far apart the three sites are, and I doubt theyIll want to have three 
> separate ceremonies).

Choose one of three: largest plot, most accessible plot, or city
hall.

> 2.  Form of Words:
> To create the recipient as a "tenant in fee simple," the tenant must acquire 
> the land by these words:  "to have an to hold to him [it] and his heirs." 
>  Thus, the ceremony should start with a declaration by the Mayor that it is 
> the intent of the City to transfer this land to the University, etc., to 
> have and to hold to itself and its heirs [an odd concept, but "assigns" 
> creates a different estate here.  Or is there a different form of words for 
> transfer of fee simple title to an immortal corporate being?]]

See statutes concerning mortmain. In theory, they have no heirs,
IIRC.

> 3.  "Open and notorious" transfer (see above)
> 
> IIm going to urge them to do this up fancy, with ceremonial robes for the 
> University and College folks (actually, since most of these folks hold 
> degrees they could probably wear robes and hoods...), with banners bearing 
> the insignia of the State, the City, the University, etc.  After all, one of 
> the goals is to make the transfer memorable...

Highly commendable, as academic robes as we know them are late
mediaeval in design.

> 4.  "Livery of seisin"
> After the statement of intent to create the present fee simple estate (#2 
> above), the Mayor delivers to the Chancellor/Chairman/etc. in the presence 
> of the witnesses "a key, twig, or some other thing, as a symbol of the 
> delivery of the land."  Since this is unimproved land, maybe a gilded twig 
> set on a commemorative plaque of some kind.

Nice touch.

> 5.  Ceremony of enfeoffment/swearing of fealty
> 
> For the University and the College:  And when a freeholder doth fealty to 
> his lord, he shall hold his right hand upon a book (a Bible-ed.), and shall 
> say thus: 'Know ye this, my lord ["good citizens?"], that I ["the 
> University"] shall be faithful and true unto you, and faith to you shall 
> bear for the lands which I ["we"] claim to hold of you, and that I ["we"] 
> shall lawfully do for you the customs and services which I ["we"] ought to 
> do, at the terms assigned[; to wit, that we will hold the gates of the open 
> to you and your children, and work to increase the body of knowledge among 
> us, &c.], so help me God and his saints;' and he shall kiss the book. But he 
> shall not kneel when he maketh his fealty, nor shall make such humble 
> reverence as is aforesaid in homage."

Have the Chancellor and Chairman each swear upon different copies
of the Bible. Use first person plural throughout. Up to them if
they feel like smooching Holy Writ.

-- 
http://pages.ripco.com:8080/~clevin/index.html 
clevin@ripco.com
Craig Levin
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