Conveyancing - Law Dictionary Search Results
Home Dictionary Name: conveyancingConveyancing Acts (English)
Conveyancing Acts (English). See LAW OF PRO-PERTY. These Acts, of which the principal were the Vendor and Purchaser Act, 1874 (37 & 38 Vict. c. 78), the C. Act, 1881, as amended by the Acts of 1882 (45 & 46 Vict. c. 39), 1892 (55 & 56 Vict. c. 13), 1911 (1 & 2 Geo. 5, c. 37), were all repealed, and partly replaced and extended by the Law of Property Act, 1925. The Conveyancing Act, 1881, was a simplifying and Codifying Act introduced by Lord Cairns. It embodied the provisions of previous statutes, the effect of legal decisions, and the practice of conveyancers much of which had already been crystallized in common form. Some of the old forms were very lengthy, and required to be inserted with or without modification in every important conveyance of land. The Act of 1881 related inter alia to contracts, conveyances, mortgages, leases, dispositions by married women, or on behalf of infants or other persons under incapacity....
Conveyancing counsel
Conveyancing counsel. The Lord Chancellor may nominate any number of conveyancing counsel in actual practice, not less than six who have practised as such for ten years at least, to be the conveyancing counsel upon whose opinion the court or any judge thereof may act; see (English) Court of Chancery Act, 1852 (15 & 16Vict. c. 80), s. 40; Dan. Ch. Pr. No special provision is made for these counsel by the (English) Jud. Acts, 1873 and 1875; except in so far as they can retain their offices as officers of a court whose jurisdiction is transferred to the Supreme Court [(English) Jud. Act, 1873, ss. 77 et seq.]. See now (English) Judicature Act, 1925, s. 217. See R.S.C. 1883, Ord. LI., rr. 7 to 13....
conveyancing
conveyancing : the act or business of drawing up conveyances (as deeds or leases) con·vey·an·cer n ...
Conveyancing
The business of a conveyancer the act or business of drawing deeds leases or other writings for transferring the title to property from one person to another...
Conveyancers
Conveyancers, persons who, being neither barristers nor solicitors, employ themselves solely in the preparation of deeds or assurances of property. They must, by the Stamp Act, 1891, s. 44,and Sch. I., take out yearly a certificate upon which a stamp duty of 4l. 10s. for the first three years, and 9l. afterwards, is payable if they carry on business in London, Edinburgh, or Dublin, and 3l. for the first three years, and 6l. afterwards, if they carry on business elsewhere....
Conveyancing
Conveyancing, the art of the alienation of property, by means of appropriate instruments or 'conveyances.' See next title....
Mortgage
Mortgage [fr. mort, Fr., dead, and gage, pledge], a deed pledge; a thing put into the hands of a creditor.A mortgage is the creation of an interest in property, defeasible (i.e., annullable) upon performing the condition of paying a given sum of money, with interest thereon, at a certain time. This conditional assurance is resorted to when a debt has been incurred, or a loan of money or credit effected, in order to secure either the repayment of the one or the liquidation of the other. the debtor, or borrower, is then the mortgagor, who has charged or transferred his property in favour of or to the creditor or lender, who thus becomes the mortgagee. If the mortgagor pay the debtor loan and interest within the time mentioned in a clause technically called the proviso for redemption, he will be entitled to have his property again free from the mortgagee's claim; but should he not comply with such proviso, the legal estate becomes perfected in the mortgagee, i.e., indefeasible, and so los...
Apportionment
Apportionment, a division of a whole into parts (usually unequal) proportioned to the rights of more claimants than one. It is either (1) Apportionment in respect of time, or (2) Apportionment in respect of estate.Apportionment in respect of Time.--At Common Law there is no apportionment in respect of time. when a successor in interest succeeds just before a rent or other periodical payment falls due, he takes, at Common Law, the whole, and the executors of his predecessor take nothing (Clun's Case, 1Rep. 127). This was remedied by 11 Geo. 2, c. 19, s. 25, which apportioned rent between the representatives of a deceased tenant for life, and the person succeeding in remainder, and by 4 & 5 Wm. 4, c. 22, passed to obviate doubts which had arisen upon the earlier Act.The (English) 'Apportionment Act, 1870' (33 & 34 Vict. c. 35) now provides (but without repealing the above Acts) that all rents, annuities, and dividends, and other periodical payments in the nature of income shall, like int...
Deed
Deed [fr. d'd, Sax.; ded gaded, Goth.;daed, Dut.], a formal document on paper or parchment duly signed, sealed, and delivered. It is either an indenture (factum inter partes) needing an actual indentation [(English) Real Property Act, 1845 (8 & 9 Vict. c. 106), s. 5], reproduced by the Law of Property Act, 1925, s. 56 (2), made between two or more persons in different interests, or a deed-poll (charta de una parte) made by a single person or by two or more persons having similar interests. By the (English) Law of Property Act, 1925, s. 57, a deed may be described according to the nature of the transaction, e.g., 'this lease,' 'this mortgage,' etc., or as a 'deed' and not habitually by the word 'indenture.'The requisites of a deed are these:-(1) Sufficient parties and a proper subject of assurance.(2) It must be written, engrossed, printed, or lithographed, or partly written or engrossed, and partly printed or lithographed in any character or in any language, on paper, vellum, or parchm...
Rent
Rent [fr. reditus Lat.], a certain profit issuing yearly out of lands and tenements corporeal; it may be regarded as of a two fold nature--first, as some-thing issuing out of the land, as a compensation for the possession during the term; and secondly, as an acknowledgment made by the tenant to the lord of his fealty or tenure. It must always be a profit, yet there is no necessity that it should be, as it usually is, a sum of money; for spurs, capons, horses, corn, and other matters, may be, and occasionally are, rendered by way of rent; it may also consist in services or manual operations, as to plough so many acres of ground and the like; which services, in the eye of the law, are profits. The profit must be certain, or that which may be reduced to a certainty by either party; it must issue yearly, though it may be reserved every second, third, or fourth year; it must issue out of the thing granted, and not be part of the land or the thing itself.Consideration paid, usu. periodically...
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