Defeasance - Law Dictionary Search Results
Home Dictionary Name: defeasanceDefeasance (defeasance)
Defeasance (defeasance) [fr. defaire, Fr., to undo], a collateral deed accompanying another, providing that upon the performance of certain matters an estate or interest created by such other deed shall be defeated and determined.A defeasance should recite the deed to be defeated and its date, and must be made between the same parties as are interested in the recited deed or their representatives, and with the same formalities as the deed which created the estate to be defeated; it must be of a thing defeasible, and all the conditions must be strictly performed before the defeazance can be consummated.So long as it was the law that a condition in a lease not to alien without license was determined by the first license granted [Dumpor's case, (1603) 1 Sm. L. C.], a defeazane was frequently adopted in order to revive the condition, and so virtually to limit the license to the particular assignment, but the (English) Law of Property Amendment Act, 1859 (22 & 23 Vict. c. 35), replaced by t...
defeasance
defeasance [Anglo-French defesance, literally, undoing, destruction, from Old French deffesant, present participle of deffaire to destroy, undo see defeat ] 1 a : a condition (as in a deed or will) that upon fulfillment terminates a property interest b : an instrument setting forth such a condition 2 : a rendering null or void ...
defeasible
defeasible : subject to or capable of being annulled or made void [a interest] [his rights are not by agreement "J. D. Calamari and J. M. Perillo"] ...
defeasible fee
defeasible fee see fee ...
Defeasible
Capable of being annulled or made void as a defeasible title...
Defeasance
Defeasance, is a provision which limits or defeats the operation of the Bill, Blaiberg v. Beckett, (1886) 16 QBD 96 (101) (CA) (UK).Ordinarily denotes a provision which defeats the operation of a deed but is contained in some other deed or document, as opposed to being a term of the deed itself, Storey, Ex parte Popplewell (in re:), (1888) 21 Ch D 73 (81) (CA) (UK)....
Defeasible
Defeasible [fr. defaire, Fr., to make void], that which may be annulled or abrogated...
fee
fee [Middle English, fief, from Old French fé fief, ultimately from a Germanic word akin to Old High German fehu cattle] 1 : an inheritable freehold estate in real property ;esp : fee simple compare leasehold life estate at estate absolute fee : a fee granted with no restrictions or limitations on alienability : fee simple absolute at fee simple conditional fee : a fee that is subject to a condition: as a : fee simple conditional at fee simple b : fee simple on condition subsequent at fee simple defeasible fee : a fee that is subject to terminating or being terminated determinable fee : a defeasible fee that terminates automatically upon the occurrence of a specified event : fee simple determinable at fee simple fee patent : a fee simple absolute that is granted by a patent from the U.S. government ;also : a patent that grants a fee simple absolute [the land shall have the same status as though such fee patent had never been issued "U.S. Code"] NOTE: Allotm...
fee simple
fee simple pl: fees simple [simple without limitation (as to heirs) and unrestricted (as to transfer of ownership)] : a fee that is alienable (as by deed, will, or intestacy) and of potentially indefinite duration ;esp : fee simple absolute in this entry fee simple absolute : a fee that is freely inheritable and alienable without any limitations or restrictions on transfers and that is of indefinite duration NOTE: A fee simple absolute is conveyed by language granting the estate “to the grantee and his or her heirs,” “to the grantee, his heirs and assigns,” or “to the grantee.” The term heirs is considered in this context a word of limitation, and so this does not create a future interest in the estate in the heirs but simply makes the estate freely alienable. fee simple conditional : a fee granted to an individual and to that individual's descendants which is subject to a reversion or remainder if the grantee has no lineal descendants but wh...
Tail
Tail [fr. tailler, Fr., to prune]. An estate-tail was formerly a freehold of inheritance and is now an equitable interest which may be created after 1925 in respect of personalty as well as realty by way of trust and which (if not barred or disposed of by will after 1925) will devolve inequity on the person who would have taken realty as heir of the body or as tenant by the curtesy if the Law of Property Act, 1925, had not been passed [s. 130 (4) (ibid.)]The limitation of an estate so that it can be inherited only by the fee owner's issue or class of issue, Black's Law dictionary 7th Edn., p. 1466.An estate-tail in land now constitutes a settlement. [(English) Settled Land Act, 1925, s. 1]With this and other statutory modifications under the (English) Law of Property Act, 1925, the rules relating to this form of estate are still applicable (a) in the investigation of all titles to land in existence on the 31st December, 1925; (b) in the construction of equitable interests into which th...
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