Lease And Release - Law Dictionary Search Results
Home Dictionary Name: lease and release Page: 2 Page 2 of about 23 results (0.004 seconds)Primary conveyances
Primary conveyances, original conveyances, some-times opposed to secondary conveyances, such as release, surrender, etc., and see DERIVATIVE DEED, are:-(1) Feoffments. (2) Grants. (3) Gifts. (4) Leases. (5) Exchanges. (6) Partitions. Consult 1 Steph. Com....
Conveyance
Conveyance, an instrument which transfers property from one person to another, defined for the purposes of the Law of Property Act, 1925, s. 205, as including 'mortgage charge, lease, assent, vesting declaration, vesting instrument, disclaimer, release and every other assurance of property or of any interest therein by any instrument, except a will.' See CONVEYANCING ACT; DEED; LAW OF PROPERTY; TRUSTS.Includes a conveyance on sale and every instrument by which property, whether movable or immovable, is transferred inter vivos and which is not otherwise specifically provided for by Schedule I. [Indian Stamp Act, 1899 (2 of 1899), s. 2 (10)]Includes a vessel, an aircraft and a vehicle. [Customs Act, 1962 (52 of 1962), s. 2 (9)]Means a conveyance of any description whatsoever and includes any aircraft, vehicle or vessel. [Narcotic Drugs and Psychotropic Substances Act, 1985 (61 of 1985), s. 2 (viii)]Means any vehicle, vessel, aircraft or any other means of transport including any animal. ...
Release
To lease again to grant a new lease of to let back...
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...
Copyhold
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...
Joint-tenancy
Joint-tenancy. This tenancy is created where the same interest in real or personal property is, by the act of the party, passed by the same matter of conveyance or claim in solido, and not as merchan-dise, or for purposes of speculation, to two or more persons in the same right, either simply, or by construction or operation of law jointly, with a jus accrescendi, that is, a gradual concentration of property from more to fewer, by the accession of the part of him or them that die to the survivors or survivor, till it passes to a single hand, and the joint-tenancy ceases.Anciently, joint-tenancy was favoured because it did not induce fractions of estates, and returning to early principles the (English) Land Legislation of 1925 has employed the tenure generally as the machinery by which legal estate may in such cases always be in some person, called the estate owner, who is competent to give a title to the whole estate without the concurrence of other parties. that legal estate has been ...
Will, Estate at
Will, Estate at. This estate entitled the grantee or lessee to the possession of land during the pleasure of both the grantor and himself, yet it creates no sure or durable right, and is bounded by no definite limits as to duration. It must be at the reciprocal will of both parties expressly or by implication (Co. Litt. 55 a), and the dissent of either determines it. The grantee cannot transfer the estate to another, although after he has entered into possession he may accept a release of the inheritance from the grantor, for there exists a privity between them. It must end at the death of either party, for death deprives a person of the power of having any will. If a lessee for years accept an estate at will in the property lease, his term of years would in law be surrendered.An estate at will is created either by the stipulation or express agreement of the parties, or by construc-tion of law.S. 54 of the Law of Property Act, 1925, enacts that a lease by parol for a longer term than t...
Advowson
Advowson [fr. advocare, Lat.], a right of presentation to, or the patronage of, a church or spiritual living; the person possessed of this right or patronage being called the patron or advocate (patronus aut advocatus), on account of his obligation to protect and defend the privileges of the particular benefice. An advowson is in the nature of a temporal property and spiritual trust. For the origin and history of advowsons, consult Mirehouse on Advowsons, pp. 1-6.There are several kinds of advowsons, viz.:--(I.) Presentative advowsons, subdivided into,Appendant.In gross, andPartly appendant, and partly in gross.(II.) Collative advowsons.(I.) A presentative advowson appendant is a right of patronage annexed to the possession of some corporeal hereditament. Thus, where an advowson has immemorially passed together with a manor or reputed manor by a simple grant of such manor, without particularly referring to the advowson, it is then said to be appendant, i.e., annexed to the demesnes of ...
bailment
bailment [Anglo-French bayllment, from bailler to hand over see bail ] : the transfer of possession but not ownership of personal property (as goods) for a limited time or specified purpose (as transportation) such that the individual or business entity taking possession is liable to some extent for loss or damage to the property compare deposit loan for consumption and loan for use at loan NOTE: The typical elements of a bailment are delivery of the personal property, acceptance of the delivery, and possession or control of the property. Any of these elements may be actual or constructive. Bailments may be created by contracts, either express or implied, which require agreement, and the agreement may also be express or implied. Contracts for the lease of a car, for sale of goods on consignment, and for the transport of goods are examples of bailments. bailment for hire : a bailment that either benefits both parties or only the bailee ;esp : one in which the bailee receives comp...
Acquintance
Acquintance, means a document by which one is discharged from a debt or other obligation, a receipt or release indications payment in full, Black Law Dictionary, 7th Edn., p. 24.Acquittance is a discharge in writing of a sum of money or duty which ought to be paid or done; as where a man is bound to pay money on a bond, rent reserved upon a lease, etc., and the party to whom it is due, on receipt thereof, gives a writing under his hand witnessing that he is paid, this will be such a discharge in Law that he cannot demand and recover the sum or duty again, if the acquittance be produced, Termes de la Ley. As to forgery of an acquittance. [see (English) Forgery Act, 1913 (3 & 4 Geo. 5, c. 27), s. 2(2) (a), s. 18 (1)]...
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