Definition of DISSEISIN in Black's Law Dictionary 4th Edition – Legal dictionary – Glossary of legal terms.
Definition of DISSEISIN
Dispossession; a deprivation of possession; a privation of seisin; a usurpation; of the right of seisin and possession, and an exercise of such powers and privileges of ownership as to keep out or displace him to whom these right fully belong. 3 Washb. Real Prop. 125; Sweeney v. Dahl, 140 Me. 133, 34 A.2d 673, 675, 151 A.L.R. 356.
It is a wrongful putting out of him that is seised of the freehold, not, as in abatement or intrusion, a wrongful entry, where the possession was vacant, but an attack upon him who is in actual possession and turning him out. It is an ouster from a freehold indeed, as abatement and intrusion are ousters in law. 3 Steph.Comm. 386.
When one man invades the possession of another, and by force or surprise turns him out of the occupation of his lands, this is termed a "disseisin," being a deprivation of that actual seisin or corporal possession of the freehold which the tenant before enjoyed. In other words, a disseisin is said . to be when one enters intending to usurp the possession, and to oust another from the freehold. To constitute an entry a disseisin, there must be an ouster of the freehold, either by taking the profits or by claiming the inheritance. Brown.
According to the modern authorities, there seems to be no legal difference between the words "seisin" and "possession," although there is a difference between the words "disseisin" and "dispossession ;" the former meaning an estate gained by wrong and injury, whereas the latter may be by right or by wrong ; the former denoting an ouster of the disseisee, or some act equivalent to it, whereas by the latter no such act is implied. Slater v. Rawson, 6 Metc. (Mass.) 439.
Equitable disseisin is where a person is wrongfully deprived of the equitable seisin of land, e. g., of the rents and profits. 2 Meriv. 171; 2 Jac. & W. 166.
Disseisin by election is where a person alleges or admits himself to be disseised when he has not really been so. Disseisinam satis fa,cit, qui uti non permittit possessorem, vel minus commode, licet omnino non expellat. Co. Litt. 331. He makes disseisin enough who does not permit the- possessor to enjoy, or makes his enjoyment less beneficial, although he does not expel him altogether.
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That's the definition of DISSEISIN in Black's Law Dictionary 4th Edition – Legal dictionary – Glossary of legal terms. Courtesy of Cekhukum.com.
