Knowledge (XXG)

Muniment

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person owned dozens of estates, many of which he rarely or never visited, and ownership of which was frequently the subject of legal challenges, for example by distant relatives of testators, it was essential to safeguard title deeds. Security needed to provide not only against theft, but also against destruction of the parchment (i.e. animal skin) and ink by fire, excessive heat, sunlight, water, mould, insects and rodents. Thus in certain monasteries the muniments room was often situated above the
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that estate. For example, if it had been determined historically in a court of law that "person X" had good title to an estate at some past date, the present owner, in order to have equally good title, needed to prove that he had obtained, in a valid manner, the asset directly or indirectly from person X. For example, if a royal charter survived granting a manor to person X, that would constitute an ideal starting point from which to prove devolution of title. Thus several charters, indentures,
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was the principal asset used by the English gentry for the long-term storage of wealth. It was essential to prove "devolution of title" to an estate, which necessitated the retention of every historical deed which had been used at some time over decades if not centuries to transfer legal ownership of
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since the 12th century, and holds it still in 2021), generating a large volume of documents of title as the estate passed down the generations of the family. Such often large and highly verbose documents were generally folded up to form small packets and were then sealed with wax, with an epitome or
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A muniment of title is any documentary evidence upon which title is based. Muniments of title are deeds, wills, and court judgments through which a particular land title passes and upon which its validity depends. Muniments of title need not be recorded to be valid notwithstanding that the recording
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merely by an entry in the land register, a certificate certifying which entry can be provided by the registrar if required. In previous times title deeds were the main evidence of ownership (apart from physical possession of land, said by the old adage to form "nine tenths of the law"), and where a
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state by state. For example, states often have their own version of a Marketable Record Title Act (MRTA) which will extinguish various interests, restrictions, or claims to a property within a certain time period unless renewed during that time period by muniments.
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statutes give good faith purchasers certain rights over the rights of persons claiming under unrecorded muniments of title. Muniments of title do more than merely "affect" title; they must carry title and be a vital link in the chain of title.
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and last will and testaments of varying dates and contained within several sheets of parchment might form the complete devolution of title for just one estate. Many gentry families in England held particular estates for many centuries (the
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substantial landowners made use of dedicated chambers known as "muniments rooms" for the secure storage of muniments of title. Before the advent of capitalism and the stock-market investment, the ownership of land and operational
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The intact muniments room of an ancient mansion house or castle was frequently found by modern historians and genealogists to provide a rich source of materials for research purposes.
167:. Special chests were used, designed specifically to aid preservation. Rapid portability of muniments was also a consideration, in case of fire or armed attack of the building. 248: 87:, bulwark, defence or protection". Thus "muniments of title" means the written evidence which a land owner can use to defend title to his estate. 220: 266: 179: 207: 31: 138: 99: 95: 19: 103: 147: 124: 242: 143: 64: 36: 260: 237: 164: 155: 84: 129: 154:
In 21st-century England, the establishment of the Government department of the
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In the United States the definition of "muniment" may differ in
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summary of the document written in ink on the finished packet.
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Iron-covered muniment chest, 14th century, used by the English
116: 8: 106:resides with the surviving joint tenant. 191: 219:Cunningham v. Haley, 501 So. 2d 649 ( 7: 14: 75:. The word is derived from the 1: 35:View into muniments room of 180:Westminster Abbey Muniments 283: 198:Cassell's Latin Dictionary 267:Latin legal terminology 249:Encyclopædia Britannica 208:Black's Law Dictionary 121: 63:, title deed or other 44: 28: 34: 22: 139:marriage settlements 210:1019 (6th ed. 1990) 43:of its many estates 45: 29: 27:to store documents 96:death certificate 92:muniment of title 67:, that indicates 53:muniment of title 16:Legal terminology 274: 253: 245: 243:"Muniment"  224: 217: 211: 205: 199: 196: 94:is the use of a 282: 281: 277: 276: 275: 273: 272: 271: 257: 256: 236: 233: 228: 227: 218: 214: 206: 202: 197: 193: 188: 176: 148:Berkeley Castle 144:Berkeley family 125:medieval period 17: 12: 11: 5: 280: 278: 270: 269: 259: 258: 255: 254: 240:, ed. (1911). 238:Chisholm, Hugh 232: 231:External links 229: 226: 225: 212: 200: 190: 189: 187: 184: 183: 182: 175: 172: 102:to prove that 90:An example of 37:Dunster Castle 15: 13: 10: 9: 6: 4: 3: 2: 279: 268: 265: 264: 262: 251: 250: 244: 239: 235: 234: 230: 222: 216: 213: 209: 204: 201: 195: 192: 185: 181: 178: 177: 173: 171: 168: 166: 165:warming house 161: 157: 156:Land Registry 152: 149: 145: 140: 136: 131: 126: 120: 115: 112: 107: 105: 101: 97: 93: 88: 86: 85:fortification 83:, meaning a " 82: 78: 74: 70: 66: 62: 58: 54: 50: 42: 38: 33: 26: 21: 247: 221:Fla. 5th DCA 215: 203: 194: 169: 159: 153: 122: 117: 108: 100:joint tenant 91: 89: 80: 52: 48: 46: 160:prima facie 41:title deeds 186:References 81:munimentum 57:legal term 146:has held 69:ownership 25:Exchequer 261:Category 174:See also 111:statutes 65:evidence 61:document 49:muniment 135:entails 123:In the 130:manors 71:of an 59:for a 223:1986) 104:title 98:of a 79:noun 77:Latin 73:asset 55:is a 51:or 263:: 246:. 137:, 47:A

Index


Exchequer

Dunster Castle
title deeds
legal term
document
evidence
ownership
asset
Latin
fortification
death certificate
joint tenant
title
statutes
medieval period
manors
entails
marriage settlements
Berkeley family
Berkeley Castle
Land Registry
warming house
Westminster Abbey Muniments
Black's Law Dictionary
Fla. 5th DCA
Chisholm, Hugh
"Muniment" 
Encyclopædia Britannica

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