RE: Property conveyance

[PETERSR@spiegel.becltd.com (Peters, Rise J.)]

Poster: PETERSR@spiegel.becltd.com (Peters, Rise J.)


Okay, here's what I'm thinking of telling the Mayor et al:

I.  PARTIES PRESENT

The principals would include:  his Honor the Mayor (as representative of the 

sovereign people of the City) and representatives of each of the three
separate groups receiving land:  the Chancellor or Provost of the University 

(as representative of the Faculty of the University); the Chairman of the
Board of the Corporation (as the representative of the shareholders of the
Corporation); and the President of the College.

Traditionally, two other groups of witnesses would be invited:  other
"vassals" of the Sovereign, and members of the local populace.  In this
context, the place of the "vassals" could be taken by representatives of
other local public organizations that have benefitted from and benefit the
City -- for example, major hospitals, CEOs of local companies, etc.  Other
local government representatives such as members of the Board of Aldermen
should also be present.  The presence of the public at large makes the
transfer of ownership "open and notorious," which is one of the necessary
indicia of effective transfer.

Although some effort was made to memorialize land transfers in medieval
times through writing (using church and parish records, family documents,
etc.) the most traditional way of recording such transactions was by fixing
them in the mind of local witnesses.  For that purpose, healthy young boys
 were chosen to witness the transaction, and various means were used to make 

it memorable for them (usually a combination of receiving gifts and having
their ears boxed).  While boxing childrenIs ears isnIt currently acceptable, 

a number of children between ages 7 and 10 should be present on the podium
to witness the transaction, and the Mayor should give them small
commemorative gifts at the end of the proceeding.

II. LOCATION OF THE PROCEEDING

To transfer an inheritable title or an estate for life (instead of merely an 

estate for years such as a lease) it was necessary to effect "livery of
seisin," or the transfer of actual possession of the land.  Thus, the
ceremony of transfer should occur on the land to be transferred.  Since
there are three separate but contiguous parcels being transferred, and since 

some of the land is neither passable nor photogenic, I would suggest
choosing the most accessible and attractive spot on the whole area.

III.  FORM OF WORDS

To create the recipient as a "tenant in frankalmoign," which creates a
permanent estate held by a corporation without the return of any defined
service to the donor, the tenant must acquire the land by these words:  "to
have and to hold to itself in free alms."  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 in 

free alms.

IV.  "LIVERY OF SEISIN"

After the statement of intent to create the present estate (#III 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."  The "clump of dirt" we discussed earlier is one item that can be 

used as indicative of livery of seisin.  However, I would suggest something
more permanent and more attractive, such as a gilded twig from the property
glued to a commemorative plaque.

 V.  CEREMONY OF ENFEOFFMENT

If the land were being conveyed to the Chancellor, Chairman and President as 

individuals, or in exchange for specific services due, medieval law would
have had them swear "fealty" to the Mayor in recognition of the rights they
were receiving and the obligations they were undertaking.

However, because there are no specified services due from them, the grant of 

rights is said to be "in free alms," and no oath of fealty is required.
 However, it would be fitting for the recipient to make a statement to the
Mayor, as representative of the City, acknowledging receipt of the land, and 

pledging to work with the City to attain whatever goals theyIve agreed on,
whether it is increased employment, access to education, or the like.

VI. "BEATING THE BOUNDS"

"Beating the bounds" of a defined area is a medieval custom that did not
clearly coincide with property transfers, but falls within the same logic -- 

when the land is transferred, some method ought to be used to make clear
what the boundaries of the transferred area is, and to fix it in the minds
of the witnesses.  Traditionally, bounds were marked by a parade of all the
children in a village, but if the ground is unsafe one modern alternative
would be a release of balloons from the corners of the parcel.

*********************************************************************
Okay, folks, any last suggestions, embellishments, corrections, etc. before
I send this out?  Bear in mind that you didn't get the footnotes, since my
mail system won't show them.






90-0\



80980

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