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Glossary Of Land Law
A glossary of land law contains mostly middle English concepts, which are often found in older judgments, and refer to obsolete rights or remedies. Glossary ; Borough English ;Copyhold :n. an interest, or tenure, in land where the holder's title deeds were copy of the entries kept by the lord of the manor. It was incrementally abolished from 1841 to 1925. ; Deforce :v. to unlawfully withhold land from its true owner or from any other person who has a right to the possession of it. ;Ejectment :n. a claim by a land owner to eject a person from the land. The modern term is "eviction". ;Feoffee :n. a person who holds land for the benefit of another person. It derives from the old word "fief", which is a right to land (as in fiefdom, dominion over land) and relates now to the modern concept of a "fee simple", immediate and indefinite ownership of land. ;Gavelkind ;Mortgage :n. a right arising from a contract to take the title deeds for a specific asset (usually a house) and give ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Borough English
Ultimogeniture, also known as postremogeniture or junior right, is the tradition of inheritance by the last-born of a privileged position in a parent's wealth or office. The tradition has been far rarer historically than primogeniture (sole inheritance by the first-born) or partible inheritance (division of the estate among the children). Advantages and disadvantages Ultimogeniture might be considered appropriate in circumstances in which the youngest child had been assigned the role of "keeping the hearth", taking care of the parents and continuing at home, and elder children had had time and opportunity to succeed in the world and provide for themselves. In a variation on the system, elder children might have received a share of land and moveable property at a younger age such as by marrying and founding their own family. Ultimogeniture might also be considered appropriate for the estates of elderly rulers and property owners, whose children were likely to be mature adults. Th ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Pledge
Pledge may refer to: Promises * a solemn promise * Abstinence pledge, a commitment to practice abstinence, usually teetotalism or chastity * The Pledge (New Hampshire), a promise about taxes by New Hampshire politicians * Pledge of Allegiance (other), several uses Arts and entertainment Music * ''Pledge'' (album), by Killer Mike, 2011 * '' Pledge: A Tribute to Kerbdog'', a 2010 album by Kerbdog * "Pledge" (song), by The Gazette, 2010 * "Pledge", a prelude to Janet Jackson's 1989 song "Rhythm Nation" * "The Pledge (Remix)", a song on the 2002 album '' The Last Temptation'' by Ja Rule * ''Die Bürgschaft'' ('The Pledge'), a 1799 ballad by Friedrich Schiller * ''Die Bürgschaft'' (opera), by Kurt Weill, 1932 Other uses in arts and entertainment * ''Pledge'' (film), a 2018 American horror film * ''The Pledge'' (film), a 2001 American mystery directed by Sean Penn * '' The Pledge: Requiem for the Detective Novel'', a 1958 novella by Friedrich Dürrenmatt * ' ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Assize Of Novel Disseisin
In English law, the assize of novel disseisin ("recent dispossession"; ) was an action to recover lands of which the plaintiff had been disseised, or dispossessed. It was one of the so-called "petty (possessory) assizes" established by Henry II in the wake of the Assize of Clarendon of 1166; and like the other two was only abolished in 1833. Origin Facing the disorder of self-help over the possession of land in the wake of the reign of King Stephen, Henry II in his nationwide assizes of Clarendon and Northampton had his justices "cause an inquisition to be made concerning dispossessions carried out contrary to the assize". Drawing on the sophisticated models offered by canon law, the king subsequently created the private (and purchasable) writ of novel disseisin, which enabled individuals to take disputed possession cases to the royal courts. The action became extremely popular due to its speed (avoiding the delays or essoins of feudal justice), accessibility, and expediency. Ra ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Seisin
Seisin (or seizin) denotes the legal possession of a feudal fiefdom or fee, that is to say an estate in land. It was used in the form of "the son and heir of X has obtained seisin of his inheritance", and thus is effectively a term concerned with conveyancing in the feudal era. The person holding such estate is said to be "seized of it", a phrase which commonly appears in inquisitions ''post mortem'' (i.e. "The jurors find that X died seized of the manor of ..."). The monarch alone "held" all the land of England by his allodial right and all his subjects were merely his tenants under various contracts of feudal tenure. Etymology Seisin comes from Middle English ''saysen'', ''seysen'', in the legal sense of to put in possession of, or to take possession of, hence, to grasp, to seize. The Old French variations ''seisir'', ''saisir'', are from Low Latin ''sacire'', generally referred to the same source as Gothic ''satjan'', Old English ''settan'', to put in place, set. Tenures subj ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Quia Emptores
''Quia Emptores'' is a statute passed by the Parliament of England in 1290 during the reign of Edward I that prevented tenants from alienating their lands to others by subinfeudation, instead requiring all tenants who wished to alienate their land to do so by substitution. The statute, along with its companion statute ''Quo Warranto'' also passed in 1290, was intended to remedy land ownership disputes and consequent financial difficulties that had resulted from the decline of the traditional feudal system in England during the High Middle Ages. The name ''Quia Emptores'' derives from the first two words of the statute in its original mediaeval Latin, which can be translated as "because the buyers". Its long title is A Statute of our Lord The King, concerning the Selling and Buying of Land. It is also cited as the Statute of Westminster III, one of many English and British statutes with that title. Prior to the passage of ''Quia Emptores'', tenants could either subinfeudate ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
LCA 1972
The Land Charges Act 1972 is a UK Act of Parliament that updates the system for registering charges on unregistered land in England and Wales. It repealed and updated parts of the Land Charges Act 1925 and other legislation affecting real property. Background In the early 20th century, a package of reforms were made to register land in England and Wales to make conveyancing cheaper and simpler, and free land to the market. The main legislation was the Land Registration Act 1925, the Law of Property Act 1925, the Trustee Act 1925, and the Settled Land Act 1925. However, much land was to remain unregistered. Instead, for that land not yet registered, people could choose to explicitly register interests under the Land Charges Act 1925, and so get better protection than the common law might provide against a bona fide purchaser without notice of any equitable interest sought to be protected. In 1972, this Act was updated into the present scheme. Content See also *English land law ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Mortgage
A mortgage loan or simply mortgage (), in civil law jurisdicions known also as a hypothec loan, is a loan used either by purchasers of real property to raise funds to buy real estate, or by existing property owners to raise funds for any purpose while putting a lien on the property being mortgaged. The loan is " secured" on the borrower's property through a process known as mortgage origination. This means that a legal mechanism is put into place which allows the lender to take possession and sell the secured property ("foreclosure" or " repossession") to pay off the loan in the event the borrower defaults on the loan or otherwise fails to abide by its terms. The word ''mortgage'' is derived from a Law French term used in Britain in the Middle Ages meaning "death pledge" and refers to the pledge ending (dying) when either the obligation is fulfilled or the property is taken through foreclosure. A mortgage can also be described as "a borrower giving consideration in the form ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Puisne Mortgage
A glossary of land law contains mostly middle English concepts, which are often found in older judgments, and refer to obsolete rights or remedies. Glossary ; Borough English ;Copyhold :n. an interest, or tenure, in land where the holder's title deeds were copy of the entries kept by the lord of the manor. It was incrementally abolished from 1841 to 1925. ; Deforce :v. to unlawfully withhold land from its true owner or from any other person who has a right to the possession of it. ;Ejectment :n. a claim by a land owner to eject a person from the land. The modern term is "eviction". ;Feoffee :n. a person who holds land for the benefit of another person. It derives from the old word "fief", which is a right to land (as in fiefdom, dominion over land) and relates now to the modern concept of a "fee simple", immediate and indefinite ownership of land. ;Gavelkind ;Mortgage :n. a right arising from a contract to take the title deeds for a specific asset (usually a house) and give ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Primogeniture
Primogeniture ( ) is the right, by law or custom, of the firstborn legitimate child to inherit the parent's entire or main estate in preference to shared inheritance among all or some children, any illegitimate child or any collateral relative. In most contexts, it means the inheritance of the firstborn son (agnatic primogeniture); it can also mean by the firstborn daughter (matrilineal primogeniture). Description The common definition given is also known as male-line primogeniture, the classical form popular in European jurisdictions among others until into the 20th century. In the absence of male-line offspring, variations were expounded to entitle a daughter or a brother or, in the absence of either, to another collateral relative, in a specified order (e.g. male-preference primogeniture, Salic primogeniture, semi-Salic primogeniture). Variations have tempered the traditional, sole-beneficiary, right (such as French appanage) or, in the West since World War II, eliminate ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Duke Of Norfolk's Case
Duke of Norfolk's Case (1682) 3 Ch Cas 1; 22 ER 931 is an important legal judgment of the House of Lords that established the common law rule against perpetuities. The case related to establishing inheritance for grandchildren of Henry Howard, 22nd Earl of Arundel including grandchildren who were not yet born. Facts of the case In the case, the Earl of Arundel tried to create a shifting executory limitation so that some of his property would pass to his eldest son, Thomas (who was mentally deficient), and then to his second son, Henry. Henry would at first receive other property, but that would pass to the fourth son, Charles, if Henry succeeded to Thomas's property. The estate plan also included provisions for shifting the property many generations later if certain conditions should occur. When Henry, by then the 6th Duke of Norfolk, succeeded to Thomas's property, he did not want to pass the other property to Charles. Charles sued to enforce his interest, and the House of L ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Rule Against Perpetuities
The rule against perpetuities is a legal rule in the American common law that prevents people from using legal instruments (usually a deed or a will) to exert control over the ownership of private property for a time long beyond the lives of people living at the time the instrument was written. Specifically, the rule forbids a person from creating future interests (traditionally contingent remainders and executory interests) in property that would vest beyond 21 years after the lifetimes of those living at the time of creation of the interest, often expressed as a “life in being plus twenty-one years”. In essence, the rule prevents a person from putting qualifications and criteria in a deed or a will that would continue to affect the ownership of property long after he or she has died, a concept often referred to as control by the "dead hand" or "''mortmain''". The basic elements of the rule against perpetuities originated in England in the 17th century and were "crystallize ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Perpetuity
A perpetuity is an annuity that has no end, or a stream of cash payments that continues forever. There are few actual perpetuities in existence. For example, the United Kingdom (UK) government issued them in the past; these were known as consols and were all finally redeemed in 2015. Real estate and preferred stock are among some types of investments that affect the results of a perpetuity, and prices can be established using techniques for valuing a perpetuity. Perpetuities are but one of the time value of money methods for valuing financial assets. Perpetuities are a form of ordinary annuities. The concept is closely linked to terminal value and terminal growth rate in valuation. Detailed description A perpetuity is an annuity in which the periodic payments begin on a fixed date and continue indefinitely. It is sometimes referred to as a perpetual annuity. Fixed coupon payments on permanently invested (irredeemable) sums of money are prime examples of perpetuities. Scholar ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
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