Attorney Michael Robinson performs the Livery Of Seisin or Twig and Turf ceremony

Livery of seisin is an archaic legal ceremony, once practiced in England and in other countries following English common law, to convey property. The common law in those jurisdictions once provided that a valid conveyance of a fee interest in land required the physical transfer by the transferor to the transferee, in the presence of witnesses, of a piece of the ground (often, in the literal sense of a hand-to-hand passing of an amount of soil), a twig, key, or other symbol.

Interviewer: Today we are talking with Michael Robinson from Robinson and Henry Law Practitioners, Michael welcome to the show, thanks for being with us.

Michael Robinson: Glad to be here.

Interviewer: We had done a previous segment we were talking about Deeds and the different types of Deeds, we went through the standard six but at the end we started talking about a very old method in which they used to transfer property and it was called Livery of seisin is that correct.

Michael Robinson: It sure it is and that's where the Deed actually comes from, is that action.

Interviewer: Real quick, what is Livery of season recap?

Michael Robinson: Because most people were illiterate in England at the time this thing developed, they would bring witnesses out to the property and witnesses would be able to witness the buyer giving money, the seller giving over the actual physical parts of the property namely Turf and Twig which is the two things that it is called the Turf and Twig ceremony.

Interviewer: Alright so for first time ever on IPTV we will do a reenactment here.

Michael Robinson: I think it is an excellent idea.

Interviewer: All right, so what we are going to do is, we are in old England and we are going to transfer property and of course we have to dress the part, now am I the buyer or the seller?

Michael Robinson: You are the buyer.

Interviewer: And you are selling me this land?

Michael Robinson: Yes, and we have come out here with two witnesses.

Interviewer: Okay.

Michael Robinson: Watch all this happening.

Interviewer: And how does this procedure go?

Michael Robinson: You are going to start by cutting out a piece of turf on the property.

Interviewer: All right, so we will just...

Michael Robinson: Then and you hold on to that turf.

Interviewer: On hold on to the turf, okay.

Michael Robinson: Now put money in the hole.

Interviewer: Alright I got some cash, how about a buck for this?

Michael Robinson: Buck is worth here, it is a couple of shillings back in old England.

Interviewer: Okay.

Michael Robinson: And then hand me the sod.

Interviewer: This piece?

Michael Robinson: Yes you do.

Interviewer: Okay.

Michael Robinson: And I take the twig and I take the sod and I say this following, "This turf and twig I give to thee, as free as Athelstan gave to me, and I hope a loving brother thou wilt be." and twiggle give with the twig.

Interviewer: Really.

Michael Robinson: Yes I do and then I put it in the sod and I hand it to you.

Interviewer: Thank you.

Michael Robinson: And then you take this sod and put it back in the hole.

Interviewer: All right.

Michael Robinson: And with that you just bought this wonderful property.

Interviewer: And I have been twiggled?

Michael Robinson: Yes you have.

Interviewer: Wow!

Michael Robinson: And the reason for that was so that the blind people could still buy and sell property even if they couldn't see what was going on. They knew that they were at least being getting the twig and they knew that they were getting the property.

Interviewer: Well that's a heck of a lot easier than the three hour closing today?

Michael Robinson: Yeah. In Pennsylvania, entire city of Pennsylvania was purchased exactly this way by William Penn.

Interviewer: Really?

Michael Robinson: Yes, and there is a statue of him in Delver actually Whiteshoe across the river from North Pennsylvania where he actually gave the this Turf and twig ceremony.

Interviewer: Last but not least, could this be recorded?

Michael Robinson : Yes and that's actually what was happening was at a later time when we started moving more toward recording of Deeds they would get the witnesses and they would get them to sign an affidavit saying that they had done this particular thing and they had witnessed that this happened. A witnessed an action, they witnessed a Deed occurring. You did a Deed or I did a Deed by giving it to you and that's actually where the word Deed comes from and all the other Deeds that we have today and most of the stuff if you think about it, it still exists today in modern real estate when you go to a closing there are other witnesses one of which is the notary public and almost always when you go to a closing at the end the buyer hands the keys to the seller..

Interviewer: Well I am going to twiggle my buyer at my next closing. Michael thanks so much for the information, I appreciate it.