Moiety title
Encyclopedia
Moiety title is legal term describing a portion other than a whole of ownership of property. The word derives from Old French moitié meaning "half" (modern French also moitié), from Latin medietas "middle", from medius.
In English law, the term is used in parsing aspects of ownership and liability in all forms of property.
In the Australian system of land title, the term is typically applied to maisonettes or attached cottage
s whereby the owner owns a share of the total land on the title and leases a certain portion of the land back for themselves from the other owner(s). Some finance institutions do not offer loans for properties on moiety titles as security.
. Thus on the death of a feudal baron with only two daughters as heiresses, a moiety of his fiefdom would generally pass to each daughter, to be held by her husband. This would involve the division of the barony, generally consisting of several manors, into two groups of manors, which division would presumably be effected by negotiation between the two parties concerned. Such was the case in the barony of Newmarch, the caput
or chief manor of which was at North Cadbury
, Somerset, when James de Newmarch died in 1216. Such a division into moieties was unnecessary when a baron died with surviving male issue, the entire barony devolving by right to the eldest son alone.
, one moiety of the ancient office of Lord Great Chamberlain
is a hereditary office of the Cholmondeley family. This hereditary office came into the Cholmondeley family through the marriage of the first Marquess of Cholmondeley
to Lady Georgiana Charlotte Bertie, daughter of Peregrine Bertie, 3rd Duke of Ancaster and Kesteven
. The second, fourth, fifth, sixth and seventh holders of the marquessate have all held this office.
In English law, the term is used in parsing aspects of ownership and liability in all forms of property.
In the Australian system of land title, the term is typically applied to maisonettes or attached cottage
Cottage
__toc__In modern usage, a cottage is usually a modest, often cozy dwelling, typically in a rural or semi-rural location. However there are cottage-style dwellings in cities, and in places such as Canada the term exists with no connotations of size at all...
s whereby the owner owns a share of the total land on the title and leases a certain portion of the land back for themselves from the other owner(s). Some finance institutions do not offer loans for properties on moiety titles as security.
Real Estate
Moiety is a Middle English word for one of two equal parts under the feudal systemFeudalism
Feudalism was a set of legal and military customs in medieval Europe that flourished between the 9th and 15th centuries, which, broadly defined, was a system for ordering society around relationships derived from the holding of land in exchange for service or labour.Although derived from the...
. Thus on the death of a feudal baron with only two daughters as heiresses, a moiety of his fiefdom would generally pass to each daughter, to be held by her husband. This would involve the division of the barony, generally consisting of several manors, into two groups of manors, which division would presumably be effected by negotiation between the two parties concerned. Such was the case in the barony of Newmarch, the caput
Caput
The Latin word caput, meaning literally "head" and by metonymy "top", has been borrowed in a variety of English words, including capital, captain, and decapitate...
or chief manor of which was at North Cadbury
North Cadbury
North Cadbury is a village west of Wincanton in the River Cam in the South Somerset district of Somerset, England. It shares its parish with nearby Yarlington and includes the village of Galhampton, which got its name from the settlement of the rent-paying peasants, and the hamlet of...
, Somerset, when James de Newmarch died in 1216. Such a division into moieties was unnecessary when a baron died with surviving male issue, the entire barony devolving by right to the eldest son alone.
Offices of State
Not only landholdings but also the holding of offices of state could devolve by moiety. In the Royal Court of the United KingdomUnited Kingdom
The United Kingdom of Great Britain and Northern IrelandIn the United Kingdom and Dependencies, other languages have been officially recognised as legitimate autochthonous languages under the European Charter for Regional or Minority Languages...
, one moiety of the ancient office of Lord Great Chamberlain
Lord Great Chamberlain
The Lord Great Chamberlain of England is the sixth of the Great Officers of State, ranking beneath the Lord Privy Seal and above the Lord High Constable...
is a hereditary office of the Cholmondeley family. This hereditary office came into the Cholmondeley family through the marriage of the first Marquess of Cholmondeley
Marquess of Cholmondeley
Marquess of Cholmondeley is a title in the Peerage of the United Kingdom. It was created in 1815 for George Cholmondeley, 4th Earl of Cholmondeley. Each Marquess of Cholmondeley is a descendant of Sir Robert Walpole, the first Prime Minister of Great Britain....
to Lady Georgiana Charlotte Bertie, daughter of Peregrine Bertie, 3rd Duke of Ancaster and Kesteven
Peregrine Bertie, 3rd Duke of Ancaster and Kesteven
General Peregrine Bertie, 3rd Duke of Ancaster and Kesteven, 3rd Marquess of Lindsey, 6th Earl of Lindsey, 19th Baron Willoughby de Eresby PC was the son of Peregrine Bertie, 2nd Duke of Ancaster and Kesteven....
. The second, fourth, fifth, sixth and seventh holders of the marquessate have all held this office.