Lawful Alienation - Law Dictionary Search Results
Home Dictionary Name: lawful alienation Page: 2Copyhold
Copyhold. Tenure in copyhold has been abolished under the (English) L.P. Acts, 1922 and 1925, and the Amending Acts of 1924 and 1926, but the greater part of the former title on this subject has been retained verbatim in view of the importance of the subject in examining titles. In the previous edition of this work, copyhold was described as a base tenure founded upon immemorial custom and usage; its origin is undiscoverable, but it is said to be the ancient villeinage modified and changed by the commutation of base services into specified rents, either in money or money's worth.A copyhold estate is a parcel of the demesnes of a manor held at the lord's will, and according to the custom of such manor. The tenant may have the same quantities of interest in this tenure as he may enjoy in freeholds, as an estate in fee-simple or (by particular custom) fee-tail, or for life, and he may have only a chattel interest of an estate for years in it. By the custom of some manors, the estate devol...
Restraint on alienation
Restraint on alienation. Although conditions in restraint of alienation of an absolute interest in possession in either real or personal property are generally void on the ground of repugnancy [see Re Dugdale, (1888) 38 Ch D 176, and RE-PUGNANT], gifts of a life estate or of income or apparently of a reversionary interest, Churchill v. Marks, (1844) 1 Coll 441, until alienation or charging, are permissible, if there is a gift over and the gift is properly expressed [see Re Mabbett, (1891) 1 Ch 707, and Trustee Act, 1925, s. 33]. A settlement upon himself by a settlor determining his estate upon bankruptcy is void. As to alienation of advowson, see Benefices Act, 1898 (61 & 62 Vict. c. 48), and ADVOWSONS. As to church property, see Halsb. Laws of England, tit. 'Ecclesiastical Law,' and as to married woman, see ANTICIPATION.A restriction, usu. in a deed of conveyance, on a grantee's ability to sell or transfer real property; a provision that conveys an interest and that, even after inter...
De medietate lingu'
De medietate lingu' (of a moiety of tongue), Jury. At Common Law an alien was entitled to be tried by a jury of which one-half consisted of aliens, and the (English) County Juries Act, 1825 (6 Geo. 4, c. 50), s. 47, enacted that, on the prayer of any alien indicted for felony or misdemeanour, the sheriff should return for one-half of the jury a competent number of aliens, if so many there were in the town or place where the trial was had; and if not, then so many aliens as should be found in the same town or place, if any. An alien is now triable in the same manner as if he were a natural born British subject; see the British Nationality and Status of Aliens Act, 1914, s. 18, in substitution for the (English) Naturalization Act, 1870. See ALIEN....
principal alien
principal alien The alien who applies for immigrant status and from whom another alien may derive lawful status under immigration law or regulations (usually spouses and minor unmarried children). Source: U.S. Citizenship and Immigration Services ...
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...
restraint on alienation
restraint on alienation :something that serves to prevent a party from alienating property ;specif : a provision in an instrument (as a deed or will) that purports to prohibit or penalize the use of the power of alienation NOTE: Though not necessarily unlawful, restraints on alienation are disfavored in the law. ...
Particular tenants, Alienation by
Particular tenants, Alienation by, when they con-veyed by a feoffment, fine, or recovery, a greater estate that the law entitled them to make a forfeiture ensued to the person in immediate remainder or reversion. As if a tenant for his own life alienated by feoffment for the life of another or in tail or in fee, these being estate which either must or may last longer than his own, his creating them was not only beyond his power, and inconsistent with the nature of his interest, but was also a forfeiture of his own particular estate to him in remainder or reversion, who was entitled to enter immediately.Fines and recoveries having been abolished and a feoffment having no longer a tortious operation (English) (Real Property Act, 1845, s. 4), a tenant, by creating a larger interest than he has in the property, did not after the passing of that Act incur a forfeiture, for such a creation was then void as to the excess, and good for his own interest, Steph. Com. 7th Edn. 463. The (English) ...
permanent resident alien
permanent resident alien an alien admitted to the United States as a lawful permanent resident. Permanent residents are also commonly referred to as immigrants. Lawful permanent residents are legally accorded the privilege of residing permanently in the United States. They may be issued immigrant visas by the Department of State overseas or adjusted to permanent resident status by U.S. Citizenship and Immigration Services in the United States. Source: U.S. Citizenship and Immigration Services ...
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, a freehold estate of inheritance, absolute and unqualified. It stands at the head of estates as the highest in dignity and the most ample in extent; since every other kind of estate is derivable there out, and mergeable therein, for omne majus continet in se minus. It may be enjoyed not only in land, but also in advowsons, commons, estovers, and other hereditaments as well as in personalty, as an annuity or dignity, and also in an upper chamber, though the lower buildings and soil belong to another.Littleton, in his Tenures (1. i., c. 1, s. 1), gives a description of this estate, which appears to have been adopted by every subsequent writer. His language is this:-A person who holds 'in fee-simple is he which hath lands or tenements to hold to him and his heirs for ever. And it is called in Latin feodum simplex, for feodum is the same that inheritance is, and simplex is as much as to say lawful or pure. And so feodum simplex signifies a lawful or pure inheritance. For if a m...
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