Particular Tenants Alienation By - Law Dictionary Search Results
Particular tenants, Alienation by
Matched in: Term Particular tenants, Alienation by
Tenancy in Common
from a joint-tenancy in this respect: joint-tenants have one estate in the whole, and no estate in any particular part; they have the power of alienation over their respective aliquot parts, and by exercising that power, may
Copyhold
his own use. The lord is also entitled to fines upon all voluntary grants, upon the admission of tenants by the curtesy, the free-bench, and indeed upon alienation generally, the only exception being in case of bankruptcy. … 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
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Tail
(3), S.L. Act, 1925. (6) Although a tenant-in-tail must generally keep down the interest, yet, having only a particular interest, he is not bound to pay off any charge or incumbrance affecting the estate; if, however, he … it produced, at length (in its efforts to recover the liberty of alienation), the complicated machinery of fines and recoveries. See FINE; DONIS CONDITIONALIBUS; and … will devolve inequity on the person who would have taken realty as heir of the body or as tenant by the curtesy if the Law of Property Act, 1925, had not been passed [s. 130 (4) (ibid.)]
Coparceners or parceners
in equal relationship to their ancestor: they were, however, deemed to be one heir; and (2) descent by particular custom, as in the case of gavelkind lands, which descended to all the males in equal degree, as … 1st January, 1926, in general, if not more than four in number, hold the legal estate as joint tenants upon the statutory trusts, see 1st Sched. Part II. of the Act. As to partition by the court … Where they agreed to cast lots for their shares. (2) By the alienation of one of the parties which destroyed the unity of title. (3)
Uses
relating to the inheritable estates of intestates: and the special customs of gavelkind, borough-English, and copyholds, determined the particular descent of uses. This is an illustration of the well-known maxim, 'quitas sequitur legem. (2) They were devisable … wardships, reliefs, marriages, and escheats, the trustees letting the cestui que use continue the possession, whereby the real tenants that held the lands could not be discovered. 'Fourthly. The king lost the estates of aliens and criminals; … so that their use was undiscovered. 'Fifthly. Purchasers were insecure; for the alienation of the cestui que use in the possession was at Common Law
Conditional fee
of the manor of Blackacre; (3) Tenants of the manor of Dale; (4) During the time whilst a particular tree shall stand; (5) Till the marriage of a certain person takes place; (6) Till certain debts be … descendants were admitted, in exclusion of collateral; see BASE FEE. A qualified fee confers a limited power of alienation, entitling the owner to give an interest of the same extent and continuance only to another person which
Contingent remainder
will be observed, were not preserved by this statute in all possible cases of the determination of the particular estate; they were only preserved against those destructive acts by or with the concurrence of the owner of … interest remaining in him to enter upon the estate, if it should determine by any act of the tenant amounting to a forfeiture; that this right is inherent in the grantor, from the nature of the estate … supplanted by the modern doctrine of an estate owner with power to alienate the entire fee simple or term of years in the property. 2.
Extinguishment
right to the reversion, and shall enure to the advantage of B.'s remainder as well as to A.'s particular estate, 2 Bl. Com. 325. (9) Extinguishment of Power. A power which is ancillary to the performance of … it, this legal trap should be allowed to operate, Burton's Comp., 8th Edn. 352. If one of the tenants of a manor purchase any part of the land over which he has a right of common appendant, … common appendant, his right over the rest will continue. So, on the alienation of any part of land to which common is appendant or appurtenant
Property
Property, an actionable claim against the tenants is undoubtedly a species of property which is assignable, State of Bihar v. Kameshwar Singh, AIR 1952 SC … which are guaranteed and protected by law. It extends to every species of valuable right and interest, more particularly, ownership and exclusive right to a thing, the right to dispose of the thing in every legal way, … enjoy, the right to destroy, the right to retain, the right to alienable and so on, Gurudutta Sharma v. State of Bihar, 1962 (2) SCC
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