Livery of Seisen

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Livery of Seisen was an archaic land conveyancing ceremony by which the Seller literally handed some of his land to the Buyer to signify the consummation of the transaction.

The Illinois legislature has made clear that we need not need to get our hands dirty at closings, “Livery of seizin shall in no case be necessary for the conveyance of real property. . .  but every deed, mortgage or other conveyance in writing, not procured by duress, and signed by the party making the same, the maker or makers being of full age and sound mind, shall be sufficient, without livery of seizin, for the giving, granting, selling, mortgaging, leasing or otherwise conveying or transferring any lands, tenements or hereditaments in this state . . . ”  765 ILCS 5/1, Illinois Conveyances Act.  While it is not necessary to convey an interest in land, the statute does not however prohibit livery of seisen either…

While most closings today do not involve mud slinging, this ritual does still have a modern day carry-over that is referred to as “delivery of the deed.”   Delivery of the deed is a legal concept wherein the deed is quite literally delivered from Seller to Buyer and the Buyer must accept said delivery.  Delivery of the deed (and acceptance) is a required element to effectively convey a property.  In re Estate of Shedrick, 122 Ill App 3d 861, 78 Ill Dec 462, 462 NE2d 581 (1st D 1984).   Acceptance of the deed does not need to be shown in any formal way, but rather may be by any act, conduct or words showing an intention to accept.

Call today and ask about livery of seisen for your next closing.

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