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Ejectment
Ejectment is a common law term for civil action to recover the possession of or title to land. It replaced the old real actions and the various possessory assizes (denoting county-based pleas to local sittings of the courts) where boundary disputes often featured. Though still used in some places, the term is now obsolete in many common law jurisdictions, in which possession and title are sued by the actions of eviction Eviction is the removal of a Tenement (law), tenant from leasehold estate, rental property by the landlord. In some jurisdictions it may also involve the removal of persons from premises that were foreclosure, foreclosed by a mortgagee (often ... (also called possession proceedings) and quiet title (or injunctive and/or declaratory relief), respectively. Originally, successful ejectment meant recovery of possession of land, for example against a defaulting tenant or a trespasser, who did not have (or once had but no longer does) any right to remain ther ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Estrepement
The writ of estrepement ( ), or ''de estrepamento'' ( ), was a writ in common law countries that would be used to prevent estrepement, a type of ' voluntary waste' (a change in condition of real property brought about by a current tenant that damages or destroys the value of that property). The waste that the writ would issue to prevent would be waste that occurred in response to a lawsuit seeking possession of the land, or a judgment against the waster where possession had not yet been delivered. England In his ''Commentaries'', Blackstone noted that this common law writ would lie originally to prevent waste that took place between judgment in a real action and delivery of possession by the sheriff. Following the Statute of Gloucester, a writ of estrepement ''pendente placito'' would lie to prevent estrepement pending the outcome of a case. Either writ empowered the sheriff to prevent such waste, allowing him to imprison the waster, and even to raise a ''posse comitatus'' to ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Eviction
Eviction is the removal of a Tenement (law), tenant from leasehold estate, rental property by the landlord. In some jurisdictions it may also involve the removal of persons from premises that were foreclosure, foreclosed by a mortgagee (often, the prior owners who defaulted on a mortgage). Depending on the laws of the jurisdiction, eviction may also be known as unlawful detainer, summary possession, summary dispossess, summary process, forcible detainer, ejectment, and repossession, among other terms. Nevertheless, the term ''eviction'' is the most commonly used in communications between the landlord and tenant. Depending on the jurisdiction involved, before a tenant can be evicted, a landlord must win an eviction lawsuit or prevail in another step in the legal process. It should be borne in mind that ''eviction'', as with ''ejectment'' and certain other related terms, has precise meanings only in certain historical contexts (e.g., under the English common law of past centurie ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Common Law
Common law (also known as judicial precedent, judge-made law, or case law) is the body of law primarily developed through judicial decisions rather than statutes. Although common law may incorporate certain statutes, it is largely based on precedent—judicial rulings made in previous similar cases. The presiding judge determines which precedents to apply in deciding each new case. Common law is deeply rooted in Precedent, ''stare decisis'' ("to stand by things decided"), where courts follow precedents established by previous decisions. When a similar case has been resolved, courts typically align their reasoning with the precedent set in that decision. However, in a "case of first impression" with no precedent or clear legislative guidance, judges are empowered to resolve the issue and establish new precedent. The common law, so named because it was common to all the king's courts across England, originated in the practices of the courts of the English kings in the centuries fo ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Quiet Title
An action to quiet title is a lawsuit brought in a court having jurisdiction over property disputes, in order to establish a party's title to real property, or personal property having a title, of against anyone and everyone, and thus "quiet" any challenges or claims to the title. This legal action is "brought to remove a cloud on the title" so that plaintiff and those in privity with them may forever be free of claims against the property. The action to quiet title resembles other forms of "preventive adjudication," such as the declaratory judgment. This genre of lawsuit is also sometimes called either a try title, trespass to try title, or ejectment action "to recover possession of land wrongfully occupied by a defendant." Grounds for a quiet title action or complaint It comprises a complaint ...[...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Legal Fiction
A legal fiction is a construct used in the law where a thing is taken to be true, which is not in fact true, in order to achieve an outcome. Legal fictions can be employed by the courts or found in legislation. Legal fictions are different from Presumption, legal presumptions which assume a certain state of facts until the opposite is proved, such as the presumption of legitimacy. The term ''legal fiction'' is sometimes used in a pejorative way. Jeremy Bentham was a famous historical critic of legal fictions. Proponents of legal fictions, particularly of their use historically, identify legal fictions as "scaffolding around a building under construction". Common law examples Adoption Adoption, Child adoption is a legal fiction in that the adoptive parents become the legal parents, notwithstanding the lack of a biological relationship. Once an order or judgment of adoption is entered, the biological parents become legal strangers to the child, legally no longer related nor with a ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
John Doe
John Doe (male) and Jane Doe (female) are multiple-use placeholder names that are used in the British, Canadian, and American legal systems, when the true name of a person is unknown or is being intentionally concealed. In the context of law enforcement in the United States, such names are often used to refer to a corpse whose identity is unknown or cannot be confirmed. These names are also often used to refer to a hypothetical " everyman" in other contexts, like John Q. Public or "Joe Public". There are many variants to the above names, including John (or Richard)/Jane Roe, John/Jane Smith, John/Jane Bloggs, and Johnie/Janie Doe or just Baby Doe for children. A. N. Other is also a placeholder name, mainly used in the United Kingdomwhich is gender neutralalongside Joe/Jo Bloggs and the now occasional use of the "John" and "Jane Doe" names. In criminal investigation In other English-speaking countries, unique placeholder names, numbers or codenames have become more often use ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Legal Fictions
A legal fiction is a construct used in the law where a thing is taken to be true, which is not in fact true, in order to achieve an outcome. Legal fictions can be employed by the courts or found in legislation. Legal fictions are different from legal presumptions which assume a certain state of facts until the opposite is proved, such as the presumption of legitimacy. The term ''legal fiction'' is sometimes used in a pejorative way. Jeremy Bentham was a famous historical critic of legal fictions. Proponents of legal fictions, particularly of their use historically, identify legal fictions as " scaffolding around a building under construction". Common law examples Adoption Child adoption is a legal fiction in that the adoptive parents become the legal parents, notwithstanding the lack of a biological relationship. Once an order or judgment of adoption is entered, the biological parents become legal strangers to the child, legally no longer related nor with any rights related t ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Possession Proceedings
In common law, possession proceedings are proceedings in a court of law A court is an institution, often a government entity, with the authority to adjudicate legal disputes between Party (law), parties and Administration of justice, administer justice in Civil law (common law), civil, Criminal law, criminal, an ... due to a dispute over possession of a physical asset. These are common in divorce issues where the parties cannot decide on which of the two will receive possession of a particular object of value. References Common law legal terminology Property law legal terminology Family law legal terminology Judicial legal terminology {{Law-term-stub ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Trespasser
In the law of tort, property, and criminal law a trespasser is a person who commits the act of trespassing on a property, that is, without the permission of the owner. Being present on land as a trespasser thereto creates liability in the trespasser, so long as the trespass is intentional. At the same time, the status of a visitor as a trespasser (as opposed to an invitee or a licensee) defines the legal rights of the visitor if they are injured due to the negligence of the property owner. Trespassing as a tort The tort of trespass to land requires an intentional physical invasion of the plaintiff's real property by the defendant or a refusal to leave when ordered to leave. Intent required For example, a person walking in a public park who trips and rolls down a hill will not be liable for trespass just because the bottom of the hill is on private land. Physical invasion The trespasser need not enter the land in person. Indeed, if A and B are standing next to C's land, ... [...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] |
Waste (law)
Waste is a term used in property law to describe a cause of action that can be brought in court to address a change in condition of real property brought about by a current tenant that damages or destroys the value of that property. A lawsuit for waste can be brought against a life tenant or lessee of a leasehold estate, either by a current landlord or by the owner of a vested future interest. The holder of an executory interest, however, has no standing to enforce an action for waste, since his future interest is not vested. There are several different kinds of waste under the law. Voluntary waste Voluntary waste (sometimes called affirmative waste) is any change made to the estate that intentionally or negligently causes harm to the estate or depletes its resources, unless this depletion is a continuation of a pre-existing use. Some jurisdictions follow what is called the open mines doctrine, which permits continued excavation from any mine on the property that is already ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Landlord–tenant Law
Landlord–tenant law is the field of law that deals with the rights and duties of landlords and tenants. In common law legal systems such as Irish law, landlord–tenant law includes elements of the common law of real property and contract. In modern times, however, it is frequently governed by statute. Generally, leases must include a few certain provisions to be valid. A residential lease must include the parties, the premises (the address or relevant space), and the term of the lease. The lease term can be indefinite but must be stipulated as such in the document. Typically, leases will also include the price of rent per month or per term, but this is not legally required. A commercial lease must include details about which fixtures are included. It also must outline the cost of rent leases (unlike residential leases), which often comes with a contingent percentage of gross sales, revenue, etc. In civil law traditions such as German law, the landlord–tenant relatio ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
