Constructive Notice - Law Dictionary Search Results
Chose
be by way of charge only) of any debt, or other legal thing in action of which express notice in writing has been given to the debtor, trustee, or other person from whom the assignor would have … inequity, see Torkington v. Magee, 1902 KB p. 430, and 1903 (1) KB 644, for cases on the construction of the section. The above enactment does not, how ever impair or affect the validity of equitable assignments
possession
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 … people in the vicinity of the property and so gives rise to a presumption that the owner has notice of it precarious possession in the civil law of Louisiana : possession of property that is exercised by
Practice
Practice, connotes repeated events but that will not affect the construction to be placed on the words 'unfair labour practice to dismiss or discharge, Hindustan Lever Ltd. v. Ashok … Court, and the Annual Practice. And see the titles of the various proceedings in an action; e.g., PLEADING, SUMMONS, etc. As to the practice of the County Courts, see the (English) County Court Act of 1934 (which
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Railway
by Act of Parliament, and before making any order the Minister of Transport must be satisfied that public notice of the application for it has been given, and must consider any objections by 'the council of any … this country (except a few private railways running through land owned by the owner of the railway) is constructed and managed (1) under a local and personal Act of Parliament; and (2) under the Companies Clauses, Lands
Precedent
Conveyancing; Bythewood and Jarman; Key and Elphinstone, Prideaux, Encyclop'dia of Forms and Precedents, and others. For an historical notice of Forms of Assurance and Precedents, see Davidson's Prec. in Conveyancing, vol. i. ch. i. For precedents of … precedent has remained unquestioned, the more hard it becomes to reverse it. The courts has to adopt a construction of law, which would inevitably result in upsetting titles long founded on the contrary view, Pratap Bahadur Sahi
Passive trust
to the provisions of the (English) Law of Property (Amendment) Act, 1926, in favour of a purchaser without notice from the trustee. See BARE TRUSTEE. … the trustee, the courts endeavoured in the case of devises by will land executory contracts to give by construction the quantity originally requisite to satisfy the trust in every event, although the general rule is that the
Fixtures
subject, however, to the tenant paying any rent due, etc., avoiding or making good damage, giving the landlord notice before removal, and allowing the landlord an option of purchase. The Agricultural Holdings Act, 1875, s. 53, and … with his term, and comes to the reversioner as part of the land. But a tenant may so construct the erections that they shall not be deemed fixtures; thus, even if he erect buildings'as barns, granaries, sheds,
Pawn or Pledge
against the pledgor for a sale, or he may proceed to sell ex mero motu, upon giving due notice of his intention to the pledgor. If several things be pledged, each is deemed liable for the whole … actual manual delivery, as it is sufficient if there are any of those acts or circumstances which, in construction of law, are deemed sufficient to pass the possession of property, as the key of a warehouse. As
Equitable estates and interests
legal estate or ownership in the transferee, by mortgage or charge, and whenever a trust arises, either express, constructive, implied or by operation of law. In theory the legal owner alone was entitled, both in law and … binding not only the legal owner, but all persons deriving title under him, exept purchasers for value without notice. This is still the law subject to statutory modifications which enable certain persons to convey land free from
Joint-tenancy
not appear in that character on the face of the deed (lest the title be in cumbered with notice of their trust), it was usual to insert a clause, called a joint account clause, providing against the … or for purposes of speculation, to two or more persons in the same right, either simply, or by construction or operation of law jointly, with a jus accrescendi, that is, a gradual concentration of property from more
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