Numerus Clausus (law)
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Numerus Clausus (law)
The ''numerus clausus'' is a concept of property law which limits the number of types of right that the courts will acknowledge as having the character of "property". Several consequences follow from a right having the nature of property, as opposed to being a personal right, like a contract or obligation to pay compensation. Historically, the law has given privileged remedies to the holders of property rights over personal claims. These have included priority in payment from an insolvent debtor, a greater likelihood of being awarded specific performance, and security in remaining in possession of land or some other asset against termination of the right to possess. It holds especial importance in land law and corporate law. History The ''numerus clausus'' principle has its roots in Roman law. England & Wales In the United Kingdom, and particularly in the jurisprudence of the English courts, it is well established that individuals cannot freely create new categories of propert ...
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Property Law
Property law is the area of law that governs the various forms of ownership in real property (land) and personal property. Property refers to legally protected claims to resources, such as land and personal property, including intellectual property. Property can be exchanged through contract law, and if property is violated, one could sue under tort law to protect it. The concept, idea or philosophy of property underlies all property law. In some jurisdictions, historically all property was owned by the monarch and it devolved through feudal land tenure or other feudal systems of loyalty and fealty. History Though the Napoleonic code was among the first government acts of modern times to introduce the notion of absolute ownership into statute, protection of personal property rights was present in medieval Islamic law and jurisprudence, and in more feudalist forms in the common law courts of medieval and early modern England. Theory The word ''property'', in everyday ...
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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 ...
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Life Estate
In common law and statutory law, a life estate (or life tenancy) is the ownership of immovable property for the duration of a person's life. In legal terms, it is an estate in real property that ends at death when ownership of the property may revert to the original owner, or it may pass to another person. The owner of a life estate is called a "life tenant". In the combined jurisdiction of England and Wales since 1925 a freehold estate intended to be 'held' as a life interest takes effect only as an interest enjoyed in equity, specifically as an interest in possession trust. The other type of land ownership is leasehold and although most long leases are for a period of between 99 and 999 years 'leases for life' will be interpreted in often unpredictable ways as either as a licence or a lease. Principles The ownership of a life estate is of limited duration because it ends at the death of a person. Its owner is the life tenant (typically also the 'measuring life') and it ...
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Law Of Property Act 1925
The Law of Property Act 1925c 20 is a statute of the United Kingdom Parliament. It forms part of an interrelated programme of legislation introduced by Lord Chancellor Lord Birkenhead between 1922 and 1925. The programme was intended to modernise the English law of real property. The Act deals principally with the transfer of freehold or leasehold land by deed. The LPA 1925, as amended, provides the core of English land law, particularly as regards many aspects of freehold land which is itself an important consideration in all other types of interest in land. Background The keynote policy of the act was to reduce the number of legal estates to two – freehold and leasehold – and generally to make the transfer of interests in land easier for purchasers. Other policies were to regulate mortgages and as to leases, to regulate mainly their assignment, and to tackle some of the '' lacunae'', ambiguities and shortcomings in the law of property. Innovations included the default c ...
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Family Law Act 1996
The Family Law Act 1996c 27 is an Act of Parliament of the United Kingdom governing divorce law and marriage. The law intends to modernise divorce and to shift slightly towards "no fault" divorce from the fault-based approach of the Matrimonial Causes Act 1973. The main part of the Act, dealing with divorce, was not proceeded with after pilot schemes found that it did not work well. Contents Part I of the Act sets out the philosophical approach to divorce. Part II set out a procedure for divorce which required spouses seeking divorce to attend a preliminary Information Session and to seek mediation as a first step. Part II and related sections of other parts were repealed and partially replaced by section 18 of the Children and Families Act 2014 after they were abandoned in practice in 1999. Part III of the act concerns provision of legal aid for mediation in family law and divorce. Part IV set out the mechanisms and principles related to family homes (in particular Family Law ...
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Land Registration Act 2002
The Land Registration Act 2002c 9 is an Act of the Parliament of the United Kingdom which repealed and replaced previous legislation governing land registration, in particular the Land Registration Act 1925, which governed an earlier, though similar, system. The Act, together with the Land Registration Rules, regulates the role and practice of HM Land Registry. Background The Land Registration Act 2002 was introduced in response to the Law Commission and HM Land Registry report, ''Land Registration for the Twenty-first Century'' (2001). The Act: *Simplified and modernised the law of land registration; *Made the register reflect a more accurate picture of a title to land, showing more fully the rights and subsidiary interests that affect it; and *Was intended to facilitate the introduction of e-conveyancing. The Act made some major changes to the law regulating registered land. Specifically, it: *Enabled shorter leases to be registered; *Further encouraged voluntary land registr ...
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Mere Equity
Mere may refer to: Places * Mere, Belgium, a village in East Flanders * Mere, Cheshire, England * Mere, Wiltshire, England People * Mere Broughton (1938–2016), New Zealand Māori language activist and unionist * Mere Smith, American television script-writer and story editor * Ain-Ervin Mere (1903–1969), Estonian war criminal Other uses * Mere (lake), a type of body of water, often one that is broad in relation to its depth. *Mere (weapon), a Māori war club * ''Mere'' (album), an album by Norwegian rock band deLillos * Mère, honorary title given to female French cooks *Mere, a brand of Russian discount supermarket chain Svetofor See also * Mere Brow, Lancashire, England *Mere Green (other), two places in England *Meré, Spain * Méré (other) *Meres (other) Meres may refer to: * Mere (lake), a type of body of water, often one that is broad in relation to its depth. * Mere (weapon), a Māori war club * Meres, Iran, a village in Mazandaran ...
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Option Contract
An option contract, or simply option, is defined as "a promise which meets the requirements for the formation of a contract and limits the promisor's power to revoke an offer". Option contracts are common in professional sports. An option contract is a type of contract that protects an offeree from an offeror's ability to revoke their offer to engage in a contract. Under the common law, consideration for the option contract is required as it is still a form of contract, cf. Restatement (Second) of Contracts § 87(1). Typically, an offeree can provide consideration for the option contract by paying money for the contract or by providing value in some other form such as by rendering other performance or forbearance. Courts will generally try to find consideration if there are any grounds for doing so. See consideration for more information. The Uniform Commercial Code (UCC) has eliminated a need for consideration for firm offers between merchants in some limited circumstances. Intr ...
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Estate Contract
Estate or The Estate may refer to: Law * Estate (law), a term in common law for a person's property, entitlements and obligations * Estates of the realm, a broad social category in the histories of certain countries. ** The Estates, representative bodies of the estates of the realm *** Estates General, a supra-regional gathering of representatives of the estates of the realm * Estate in land * Estate (land), the grounds and tenancies (such as farms, housing, woodland, parkland) associated with a very large property ** Housing estate, a group of houses built as a single development. ** Industrial estate (office park) and trading estate; property planned and sub-let for industrial and commercial use. ** Real estate or real property ***Estate agent or real estate agent * Literary estate, the intellectual property of a deceased author, or the executor thereof Automobiles and technology * Estate car (station wagon), a passenger car with a full-size interior cargo compartment * Buick ...
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Right Of Entry
Right of entry refers to one's right to take or resume possession of land, or the right of a person to go onto another's real property without committing trespass. It also refers to a grantor's power to retake real estate from a grantee in the case of a fee simple subject to condition subsequent {{Property law A defeasible estate is created when a grantor transfers land conditionally. Upon the happening of the event or condition stated by the grantor, the transfer may be void or at least subject to annulment. (An estate not subject to such .... {{DEFAULTSORT:Right Of Entry Real property law ...
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Rentcharges Act 1977
In English property law, a rentcharge is an annual sum paid by the owner of freehold land (terre-tenant) to the owner of the rentcharge (rentcharger), a person who need have no other legal interest in the land. They are often known as chief rents in the north west of England but the term ''ground rent'' is used in many parts of the country to refer to either a rentcharge or a rent payable on leasehold land. This is confusing because a true ground rent is a sum payable in relation to land held under a lease rather than freehold land. As a result, the first question a conveyancer or other adviser, such as the free Rentcharges Unit, will demand is information from the Land Registry, which the public can also obtain cheaply, as to whether the subjected land is freehold or held on a lease (a leasehold estate). History Rentcharge is a legal device which permitted an annual payment to be continually levied on a freehold property. A deed made with the parties' knowledge is legally eff ...
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Rentcharge
In English property law, a rentcharge is an annual sum paid by the owner of freehold land (terre-tenant) to the owner of the rentcharge (rentcharger), a person who need have no other legal interest in the land. They are often known as chief rents in the north west of England but the term ''ground rent'' is used in many parts of the country to refer to either a rentcharge or a rent payable on leasehold land. This is confusing because a true ground rent is a sum payable in relation to land held under a lease rather than freehold land. As a result, the first question a conveyancer or other adviser, such as the free Rentcharges Unit, will demand is information from the Land Registry, which the public can also obtain cheaply, as to whether the subjected land is freehold or held on a lease (a leasehold estate). History Rentcharge is a legal device which permitted an annual payment to be continually levied on a freehold property. A deed made with the parties' knowledge is legally effecti ...
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