Fees Doctrine - Law Dictionary Search Results
Merger
the estate tail, though a less estate, will not merge in the fee, 2 Bl. Com. 177. The doctrine of merger probably results from the maxim, Nemo potest esse dominus et tenens; or perhaps from the inconsistency,
Recovery
uses when suffered. This method barring an estate-tail by a fictitious real action was based upon (a) the doctrine that the tenant-in-tail could sell the entailed lands for an estate in fee-simple, provided that judgment was obtained
private attorney general doctrine
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Contingent remainder
legal estates for life and remainder under the L.P. Act, 1925, and has been supplanted by the modern doctrine of an estate owner with power to alienate the entire fee simple or term of years in the
Priority
in succession obtained priority by the order in date of their mortgages, subject to the application of the doctrine of tacking or to equitable reasons (if any) for the postponement of their mortgages:- After 1926 subsisting and
Scintilla juris et tituli
takes effect, and who is seised to the use of C (Burt. Comp., 6th Edn. p. 59). This doctrine of scintilla juris, the knowledge of the exact character of which appears to be rendered unnecessary by s.
Remainder
to C., then as between B. and C., C. has the possession and B. the reversion; hence the doctrine of privity of estate. A remainder does not, like a reversion, arise by operation of law, but is
Conversion, equitable
be conveyed, Fletcher v. Ashburner, (1779) 1 Bro CC 497; 1 W&TLC. This principle is governed by the doctrine of equity, that that which ought to be done shall be deemed as actually done. The property thus
Contract for sale of land
it has sometimes been said that a contract for sale of land is a contract uberrim' fidei. This doctrine apparently only relates to the title; the rule caveat emptor is generally applicable to the physical nature or
Personal property
interest. The proper and usual mode of creating limited interests in personal property is by means of the doctrine of trusts, i.e., by vesting the property absolutely in trustees and declaring that they shall hold it upon
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