Pretensed Right - Definition - Law Dictionary Home Dictionary Definition pretensed-right

Definition :

Pretensed right: where one is in possession of land, and another, who is out of possession claims and sues for it; here the pretensed right is said to be in him who so claims and sues, Mod. Cas. 302.

By s. 2 of 32 Hen. 8, c. 9, no one might sell or purchase any title to land, unless the vendor had received the profits, or been in possession of the land, or of the reversion or remainder, for one whole year, on pain that both purchaser and vendor should each forfeit the value of such land to the King and the prosecutor; but a right of entry may be sold by virtue of the Real Property Act, 1845, s. 6, repealed by, and see now, Law of Property Act, 1925, s. 4 (2), and to recover under s. 2 of 32 Hen. 8, c. 9 (which is now repealed by s. 11 of the (English) Land Transfer Act, 1897 (now repealed)), it had to be shown that the buyer knew the title to be bad, Kennedy v. Lyell, (1885) 15 QBD 491.