Feoffee To Uses - Law Dictionary Search Results
Home Dictionary Name: feoffee to usesFeoffee to uses
Feoffee to uses, the person in whom, before the Statute of Uses, the legal seisin or feudal tenancy of the land was vested, the substantial and beneficial ownership or use being in the cestui qui use. The statute put an end to the estate of the feoffee to uses by transferring the possession from him to the cestui que use, who had now the legal estate, the use in his favour being executed by the statute. The (English) Law of Property Act, 1925, s. 207, 7th Sched., has repealed the Statute of Uses in regard to dealings taking effect after 1925 and vests the legal ownership in the grantee, the beneficial owner (if another) becoming a mere cestui que trust; see also L.P. Act, 1925, 1st Sched. Part II., para 3, and L.P. (Amendment) Act, 1926, Sched. See USE....
Uses
Uses (History). A use is the intention or purpose, express or implied, upon which property is to be held. The Common Law treated the actual possessor for all purposes as the owner of the property. It was not difficult to find him out, since the possession of his estate was conferred upon him by a formal and notorious ceremony, technically called livery of seisin, which was performed openly and in the presence of the people of the locality.It soon became evident that the simple rules of the Common Law were stumbling-blocks to the complicated wants of an enterprising people.Hence ingenuity was sharpened to hit upon a device which should set at nought the rigidity of existing law and formalities.A system was found by the monastic jurists upon a model furnished by the Civil Law, which, by a nice adaptation, evaded, without overturning, the Common Law. Two methods of transferring realty began to co-exist in this country-the ancient Common Law system, and the later invention, which is denomi...
Official use
Official use, an active use, which imposed some duty on the legal owner or feoffee to uses, as a conveyance to A. with directions for him to sell the estate and distribute the proceeds amongst B., C., and D. to enable A. to perform this duty he kept the legal estate under the Statute of Uses....
Active use
Active use, formerly a use leaving the legal estate in the feoffee to uses, q.v....
Feoffment to uses
Feoffment to uses. See FEOFFEE TO USES....
Remainder
Remainder [fr. remanentia, Lat.], that expectant portion, remnant, or residue of interest which, on the creation of a particular estate, is at the same time limited over to another, who is to enjoy it after the determination of such particular estate.After 1925 remainders can operate only as equitable interests, and in that manner they can be created in respect of personality as well as realty. The follow-ing explanation of legal remainders has been retained as relating to titles to land existing before 1926, and see (English) Law of Property Act, 1925, s. 4, as to the construction of equitable interests.A remainder may be limited in all freehold estates, but not strictly and technically in chattels real and personal, although these may be limited over after a previous limitation or a partial interest in them. It may be limited by way of use (which is, in practice, the usual method), as well as by a conveyance deriving its effect from the Common Law.In the same land there may at the sa...
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