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Licence to Alienate v Licence to Enfeoff
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Colin Blanshard Withers
May 27, 2021, 6:14:07 AM5/27/21
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Just trying to make sense of some 14th century land transfers on the Patent Rolls and these two terms crop up frequently.
Am I right in thinking that licences to alienate were most commonly used to avoid the statutes of mortmain; whereas licences to enfeoff were more designed to alienate the land to feoffees (trustees) while retaining or redirecting the rights over the use of that land, to a third party, usually to enable the support of widows and younger sons
Am I also right in thinking that if the land was enfeoffed to several feoffees, who held the land as joint-tenants, then on the death of one of the feoffees he could be replaced by a younger feoffee and so keep the 'trust' going indefinitely?
Any advice on this, or a link to a good explanatory source, would be most welcome.
Wibs
Am I right in thinking that licences to alienate were most commonly used to avoid the statutes of mortmain; whereas licences to enfeoff were more designed to alienate the land to feoffees (trustees) while retaining or redirecting the rights over the use of that land, to a third party, usually to enable the support of widows and younger sons
Am I also right in thinking that if the land was enfeoffed to several feoffees, who held the land as joint-tenants, then on the death of one of the feoffees he could be replaced by a younger feoffee and so keep the 'trust' going indefinitely?
Any advice on this, or a link to a good explanatory source, would be most welcome.
Wibs
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