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is a lawyer really necessary?

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ready2gofly

Junior Member
Florida
I have to do a partition for a property and am wondering if I absolutely need a lawyer to go to court with me or can I just seek legal advice and do it myself. I guess I need a lawyer who does litigation, is that correct? And, what qualifications do I look for to find a good one? Thanks
 


S

seniorjudge

Guest
ready2gofly said:
Florida
I have to do a partition for a property and am wondering if I absolutely need a lawyer to go to court with me or can I just seek legal advice and do it myself. I guess I need a lawyer who does litigation, is that correct? And, what qualifications do I look for to find a good one? Thanks
If you know what seisin is and can quote the Rule in Shelley's Case, then you may not need a real estate lawyer who specializes in real estate litigation.

Q: And, what qualifications do I look for to find a good one?

A: Ask him what seisin means and ask him to quote the Rule in Shelley's Case. If he cannot answer both questions immediately, go find another lawyer. You will also need a title report, appraisal, and a survey. The judge will want to know whether to partition in kind or partition by sale.
 
S

seniorjudge

Guest
SHELLEY'S CASE, RULE IN, an important decision in the law of real property. The litigation was brought about by the settlement made by Sir William Shelley (c. 1480-1549), a judge of the common pleas, of an estate which he had purchased on the dissolution of Sion Monastery. After prolonged argument the celebrated rule was laid down by Lord Chancellor Sir Thomas Bromley, who presided over an assembly of all the judges to hear the case in Easter term 1580-1581. The rule may be stated as follows: when an ancestor by any gift or conveyance takes an estate of freehold and in the same gift or conveyance an estate is limited, either mediately or immediately, to his heirs or the heirs of his body, in such a case the word " heirs " is a word of limitation and not of purchase; that is to say, the estate of the ancestor is not a life or other freehold estate with remainder to the heirs or heirs of the body, but an estate in fee or an estate tail according to circumstances. The rule is a highly technical one, and has led to much litigation and in many cases without a doubt to the defeat of a testator's intentions. It is said to have had its origin in the wish of the law to preserve to the lords their right of wardship, which would have been ousted by the heir taking as purchaser and not as successor. The rule is reported by Lord Coke in i Reports 93 b. (see also Van Grutten v. Foxwell, 1897, A.C. 658). In the United States the rule in Shelley's case was at one time in operation as a part of the common law, but it has been repealed by statute in most states.

http://1.1911encyclopedia.org/S/SH/SHELLEY_S_CASE_RULE_IN.htm



Definitions of seisin on the Web:

* The legal possession of property. In law, the term refers more specifically to the possession of land by a freeholder. For example, a owner of a building has seisin, but a tenant does not, because the tenant, although enjoying possession, does not have the legal title in the building.
www.duhaime.org/dictionary/dict-s.aspx

* Possession.
home.olemiss.edu/~tjray/medieval/feudal.htm

* an old English term meaning legal possession or the right to legal possession of real estate under a freehold title.
www.escrowhelp.com/glossary_title.html

* Possession of real property by one entitled thereto; a warranty that at the time of delivery of a deed, the grantor actually has the right and capacity to convey good legal title; also seizen.
www.rickseiler.com/SeilerSchoolOfRealEstate/IndependentStudy/Glossary.htm

* Possession - especially of real estate .
www.bretton.org/glossary.htm

* Possession of real estate by one entitled thereto.
www.sanderco.com/Glossary Pages/S.htm

* Possession of realty by one who claims to own a fee-simple estate or a life estate or other salable interest.
www.peakagents.ca/glossary/s7.htm

* Seisin (from Middle English saysen, seysen, in the legal sense of to put in possession of, or to take possession of, hence, to grasp, to seize; the Old French seisir, saisir, is from Low Lat. sacire, generally referred to the same source as Goth. satjan, 0. Eng. settan, to put in place, set) is the possession of such an estate in land as was anciently thought worthy to be held by a free man (Williams, On Seisin, p. 2).
en.wikipedia.org/wiki/Seisin
 

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