Limited Estate - Law Dictionary Search Results
Power
cannot give jurisdiction, K.E. v. Vithu, (1899) 1 Bom LR 157. Power, is an authority reserved by, or limited to, a person to dispone, either wholly or partially, of movable or immovable property, either for his own … used as a technical term and is distinct from the dominion which a man has over his own estate by virtue of ownership, Stroud's Judicial Dictionary. Power, is not synonymous with jurisdiction, K.E. v. Vithu, (1899) 1
Conditional limitation
either the whole fee or a particular estate, as an estate for life or in tail, was first limited, no condition or other quality could be annexed to this prior estate, which would have the double effect
Deed
and he would take although not mentioned in the former part of the deed. While nothing can be limited in the habendum which has not been given in the premises, yet it may abridge, qualify, or enlarge … be identified by extraneous evidence, Nihil facit error nominis cum de crpore constat. Every person who conveys any estate or interest, or enters into a covenant, or is to be bound by the deed, should be made
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Trust
give, having regard as a rule to the technical terms of the Common or Statutory Law in the limitations of legal estate. Before 1926 an equitable entail would in the case of an executory document or a
Fee-simple
of his estate, as entitling him to alien or transfer it; and the phrase 'for ever' not being limitary but simply declaratory of the time during which the property shall be enjoyed, might also have been omitted.
Contingent remainder
Contingent remainder, a remainder limited so as to depend on an event or condition which may never happen or be performed, or which … or be performed, or which may not happen or be performed till after the determination of the preceding estate, Fearne, Cont. Remainders. The legal estate in contingent remainders has been abolished by the Law of Property Act,
Shelley's case, Rule in
thus: Where a life free-hold, either legal or equitable in realty (whether of freehold or copyhold tenure), is limited by any assurance to a person, and by the same assurance the inheritance of the same quality, i.e., … Shelley's case, Rule in. intimately connected with the quantity of estate which a tenant may hold in realty, is the antique feudal doctrine generally known as the rule in
Joint-tenancy
s. 36 (1) of the (English) L.P. Act,1925, where a legal estate (not being settled land) is beneficially limited or held in trust for any persons as joint-tenants, the same shall be held on trust for sale
Perpetuity
perpetuities, or the doctrine of remoteness, applies to the corpus of property whether real or personal, and whether limited by deed or will, and may be thus stated: that the vesting of property cannot be postponed, or … or will not necessarily vest within the period fixed and prescribed by law for the creation of future estates and interests, Walsh v. Secretary of State for India, (1863) 10 HLC 367. Perpetuity, unlimited duration; exemption from
Law of Property Act, 1925 (English)
the 1st January, 1926, are: (1) Tenancies in common or in undivided shares inland (see UNDIVIDED SHARES). (2) Limited estates, less than the fee or entire term, e.g., entailed estates, estates for life, in remainder whether vested … object of simplifying the transfer and conveyance of land. An important change was the abolition of all legal estates or tenures in land, except an estate in fee simple in possession, and a term of years absolute
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