“Ayel” is an Old English writ that required someone who illegally took possession of land on the death of its owner to return it to a rightful heir. The deed was usually required when clearing of land had occurred. An assize, composed of a jury, would decide whether the land belonged to the ancestor and whether the claimant was the next heir. The length of physical possession strengthened the ability of an offender’s heir to make legal claims to the land.
“Ayel” is a term that refers to an Old English writ, a judicial order issued on the authority of the king. The deed of ayel – also ayle, aiel or de avo – required that someone who illegally took possession of land on the death of its owner to return it to a rightful heir. Deeds of this type were classified according to the relationship of the deceased to the claimant heir. Ayel’s writ indicated that the deceased was the grandfather of the claimant heir. “Ayle” and “ayel” are both most likely derived from an English misspelling of aïeul, the French word for grandfather.
The deed of ayel was usually required when clearing of land had occurred. This means that, upon the death of an heir’s ancestor, someone entered the land and took possession of it before the heir could. If the heir did not take any action to recover the land within a reasonable time, the infringer could make a claim for the land based on its physical possession and the heir’s negligence in asserting his rights.
As with other ancestral deeds, the ayel deed ordered the sheriff of the county in which the land was located to convene an assize, a kind of court composed of a jury. Unlike modern courts or juries, an assize did not hear formal evidence. His verdict was an account of facts gleaned from the assize members for their own knowledge.
The jury, made up of local citizens, would view the disputed land and decide whether the land had belonged to the ancestor at his death, and whether the land claimant was the next heir to take possession. After the assize made its factual results, the judges appointed by the king went to the locality to examine the results. If the results of the meeting were in favor of the heir and confirmed by the judges, it was ordered that the land be immediately transferred to the heir.
Problems could arise for an heir if a long time had passed since the wrongdoer took possession of the land, in part because the length of time made it more difficult to tell the nature of the ancestor’s affairs upon his death. The length of physical possession also strengthened the ability of an offender’s heir to make legal claims to the land. If the injured heir’s claim was against the offender’s heir, the writ of ayel was the only recourse to regain possession.
Protect your devices with Threat Protection by NordVPN
