Acquisitive Prescription - Law Dictionary Search Results
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prescription
prescription [partly from Middle French prescription establishment of a claim, from Late Latin praescription- praescriptio, from Latin, act of writing at the beginning, order, from praescribere to write at the beginning, dictate, order; partly from Latin praescription- praescriptio order] 1 : acquisition of an interest (as an easement) in real property that is usually less than a fee by long-term, continuous, open, and hostile use and possession as determined by the law of a jurisdiction [gained title by ] see also easement by prescription at easement compare adverse possession at possession 2 in the civil law of Louisiana a : the running of a period of time set by law after which a right is unenforceable in Louisiana courts but may be enforced in another state forum [an interruption of ] [by the of ten years] ;also : the bar to an action that results from prescription see also peremptory exception compare peremption b : the creation of a right by the running of a period of time...
possession
possession 1 : the act, fact, or condition of having control of something: as a : actual possession in this entry b : constructive possession in this entry c : knowing dominion and control over a controlled substance or other contraband d in the civil law of Louisiana : the detention or enjoyment of a corporeal thing e : control or occupancy of property actual possession 1 : direct occupancy, use, or control of real property [had actual possession of the land despite a lack of legal title] 2 : direct physical custody, care, or control of property or contraband (as illegal drugs) [actual possession is not necessary to sustain a conviction "State v. Garrison, 896 S.W.2d 689 (1995)"] adverse possession : actual possession of another's real property that is open, hostile, exclusive, continuous, adverse to the claim of the owner, often under a claim of right or color of title, and that may give rise to title in the possessor if carried out for a specified statutory period (as ...
title
title [Anglo-French, inscription, legal right, from Old French, from Latin titulum inscription, chapter heading, part of the law that sanctions an action] 1 a : the means or right by which one owns or possesses property ;broadly : the quality of ownership as determined by a body of facts and events after-acquired title : title that vests automatically in a grantee when acquired by a grantor who purported to sell the property before acquiring title ;also : a doctrine that requires such vesting compare estoppel by deed at estoppel NOTE: The doctrine of after-acquired title generally does not apply when the grantor receives title by quitclaim deed; to vest title in the grantee the deed must include words expressing such an intention. clear title : title that exists free of claims or encumbrances on the property [had clear title to the farm] ;broadly : marketable title in this entry equitable title : title vested in one who is considered by the application of equitable principl...
Ferry
Ferry, the right to carry persons and their goods in boats across a river, and to take toll for such carriage. It is a franchise, and can only be created by a grant from the Crown, prescription which presumes such a grant, or Act of Parliament; see Simpson v. Att.-Gen., 1904 AC 490. The owner if he lose his traffic by the competition of a railway bridge can get no compensation under the Lands Clauses Act, Hopkins v. Great Northern Railway Co., (1877) 2 QBD 224. See also Cowes Urban District Council v. Southampton, etc., Co., (1905) 2 KB 287; Hammerton v. Dysart (Earl), 1916 AC 57; General Estates Co. v. Beaver, (1914) 3 KB 918. As to the duties of common ferrymen, see 1 Shower, 140. As to the acquisition of ferries by local authorities, see the (English) Ferries (Acquisition by Local Authorities) Act, 1919.It includes a bridge of boats, pontoons or rafts, a swing bridge, a fly-bridge and a temporary bridge and the approaches to, and landing places of, a ferry. [Railways Act, 1989 (24 o...
Purchase
Purchase (fr. perquisitio, or conqu'stus, Lat., according to the feudists], in its popular sense, an acquisition of land, obtained by way of bargain and sale, for money or some other valuable consideration; in its legal acceptation, an acquisition of land in any lawful manner, other than by descent, or the mere act of law, and including escheat, occupancy, prescription, forfeiture, and alienation. See 2 Br. and Had. Com. 408 et seq. It is possession to which a man cometh not by title of descent; see Co. Litt. 18 b.Means any transfer of property in goods to the person making the purchase for cash or deferred payment or other valuable consideration, but does not include a transfer by way of mortgage, hypothecation, charge or pledge. [The West Bengal Value Added Tax Act, 2003, s. 2(34)]...
Acquiesce
Acquiesce, means to accept tacitly or passively, to give implied consent to an act, Black Law Dictionary, 7th Edn., p. 23.The word 'acquired' has also to be given the widest possible meaning. This would be so because of the language of the Explanation which makes sub-s. (1) applicable to acquisition of property by inheritance or devise or at a partition or in lieu of maintenance or arrears of maintenance or by gift or by a female's own skill or exertion or by purchase or prescription or in any manner whatsoever. Where at the commencement of the Act a female Hindu has a share in joint properties which are later on partitioned by metes and bounds and she gets possession of the properties allotted to her there can be no manner of doubt that she is not only possessed of that property at the time of the coming into force of the Act but has also acquired the same before its commencement [Hindu Succession Act, 1956 s. 14(1)], Badri Pershad v. Kanso Devi, AIR 1970 SC 1963 (1966): (1970) 2 SCR ...
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