Restrictive Covenant - Law Dictionary Search Results
Home Dictionary Name: restrictive covenant Page: 2bar
bar often attrib 1 a : the railing in a courtroom that encloses the area around the judge where prisoners are stationed in criminal cases or where the business of the court is transacted in civil cases compare bench, dock, jury box, stand b : court tribunal [the younger judge brought a fresh viewpoint to the ] 2 a : the whole body of lawyers ;esp : those qualified to practice in the courts of a particular jurisdiction [admitted to the Arizona ] [the bankruptcy ] compare bench b : the profession or occupation of lawyer c : bar examination [passed the ] 3 : something that prevents admission, progress, or action: as a : an intangible impediment, obstacle, or barrier [the restrictive covenant raised a racial ] [consent of the victim is a to conviction] b : the permanent preclusion of a claim or action esp. due to the loss of a previous suit based on the same cause of action and between the same parties [its earlier successful suit against the purchaser for the price was a to...
Building
Building, defined by Lord Esher in Moir v. Williams, (1892) 1 QB 270, as an inclosure of brick or stone covered by a roof, and said by Park, J., in R. v. Gregory, (1833) 5 B. & Ad. At p. 561, not to include a wall; but the definition depends on circumstances, and may include a reservoir, Moran v. Marsland, (1909) 1 KB 744. The London Building Act, 1930 (20 & 21 Geo. 5, c. clviii.), has no definition. The term 'new building' was defined in s. 23 of the (English) Public Health Acts Amendment Act,1907 (c. 53) (now repealed); and see also Southend-on-Sea Corporation v. Archer, (1901) 70 LJ KB 328; South Shields Corporation v. Wilson, (1901) 84 LT 267. An old railway carriage will be a 'new building' if the interior arrangements are altered, Hanrahan v. Leigh Urban Council, (1909) 2 KB 257. An advertisement hoarding is a building within a restrictive covenant, Nussey v. Provincial Bill Posting Co., (1909) 1 Ch 734; Stevens v. Willing & Co. Ltd., 1929 WN 53. See also Paddington Corporation v...
Land charge
Land charge, means a rent or annuity or principal moneys charged otherwise than by deed upon land under (English) Act of Parliament for securing to any person, the money spent by him, or under that Act, as a charge under the Land Drainage Act, 1861 (see DRAINAGE), or s. 20 of the Agricultural Holdings Act, 1923, for repayment of compensa-tion of tenant's improvements. See s. 4 of the Land Charges Registration and Searches Act, 1888 (51 & 52 Vict. c. 51), by s. 12 of which a 'land charge,' created after the commencement of that Act-i.e., after 1st January, 1889-is void against a purchaser for value of the land charged therewith, unless it has been registered in the 'Register of Charges,' in the manner mentioned in that Act, since transferred to the Land Registry by virtue of the Land Charges Act, 1900 (63 & 64 Vict. c. 26), repealed by the Land Charges Act,1925. By this Act the system of compulsory registration of charges over land has been greatly extended and no purchaser of land woul...
Squatter
Squatter, a squatter is one who settles or locates on land enclosed with no bona fide claim or color of title and without the consent of the owner, AIR 1968 Punj 470 (473). (Motor Vehicles Act, 1939, s. 76)If a squatter wrongfully encloses a bit of waste land, and builds a hut on it, and lives there, he acquires an estate in fee-simple by his own wrong iin the land which he has enclosed. He may, of course, be turned out by legal process until his title is confirmed by the Statute of Limitations; but as long as he remains he has an estate in fee-simple: Williams on Seisin, p. 7. It has even been held that he will be bound by the restrictive covenant of a former owner even after he has acquired a statutory title, Re Nisbet and Pott's Contract, (1906) 1 Ch 386.1. A person who settles on property without any legal claim or title 2. A person who settles on public land under a government regulation allowing the person to acquire title upon fulfilling specified conditions, Black's Law Diction...
Wrong
Wrong, the privation of right, an injury, a designed or known detriment. See TORT, and Addison or Clerk and Lindsell on Torts.The maxim that 'No man can take advantage of his own wrong' means that a man cannot enforce against another a right arising from his own breach of contract or breach of duty, Re London Celluloid Co., (1888) 39 Ch D 206, per Bowen, LJ.An estate gained by wrong is always a fee simple. A squatter may, of course, be ejected before the Statute of Limitations has run in his favour, but as long as he remains he has seisin of the freehold to him and his heirs, 'because wrong is unlimited and revenues all that can be gotten and is not governed by terms of the estates, because it is not contained within rules': Hob. P. 323; Co. Litt. 181 a; Williams on Seisin, p. 7. But a squatter is bound by restrictive covenants affecting the land, Re Nisbet, (1906) 1 Ch 386.In order to be a 'wrong' within the meaning of s. 23(1)(a) of the Hindu Marriage Act, 1955 the conduct alleged ha...
freedom of contract
freedom of contract :a power or right to contract and freely determine the provisions of contracts without arbitrary or unreasonable legal restrictions esp. as guaranteed under the contract clause of Article I, Section 10 of the U.S. Constitution called also freedom to contract liberty of contract ...
Referee
Referee, one to whom anything is referred; an arbitrator. Also, persons to whom are referred questions as to the locus standi of petitioners againstprivate parliamentary Bills. Consult the works of Smethurst or Clifford and Stephens hereon.A type of master appointed by a court to assist with certain proceedings, Black's Law Dictionary, 7th Edn., 1284.Panels of referees are appointed to decide technical questions on appeal from depart mental authorities under various statutes, see 8 & 9 Geo. 5, c. 13 (licensing of stations); as to bulls, see that title; on valuation of machinery, see (English) Rating and Valuation Act, 1925 (15 & 16Geo. 5, c. 90), s. 24; also (English) Workmen's Compensation Act, 1925 (15 & 16 Geo. 5, c. 84), and other Acts. Reference committees may be appointed under the (English) Acquisition of Land (Assessment of Compensation) Act, 1929; Landlord and Tenant Act, 1927 (15 & 16 Geo. 5, c. 20), for compensation; and the (English) Law of Property Act, 1925, in relation t...
Bungalow
Bungalow. Generally, a building on a single, or ground floor, the roof meeting the walls enclosing that floor, either with or without gables, but the space under the roof may be utilised; see Ward v. Paterson, (1929) 2 Ch 396 (restrictive covenant).Bungalow, is a building of which the walls, with the exception of any gables, are no higher than the ground floor, and of which the roof starts at a point substantially not higher than the top of the wall of the ground floor, regardless of the manner in which the space left in the roof is used, Halsbury's Laws of England, Vol. 4(2), 4th Edn., Para 335, p. 299; Ward v. Paterson, (1929) 2 Ch 396.Means primarily a one storey building, Halsbury's Laws of England, Vol. 4(2), 4th Edn., Para 335, p. 299; Clothier v. Snell, (1966) 198 Estates Gazette 27....
Panel
Panel [fr. panellum, Lat.; panneau, Fr., a square or panel]. 1. A little part, or rather a schedule or page, containing the names of such jurors as the sheriff returns to pass upon a trial; and empannelling a jury is nothing but the entering them into the sheriff's roll or book, Jac. Law Dict.; Co. Litt. 158 b.2. In Scots law, the accused person in a criminal trial after appearance in court.3. Panel of Arbitrators, the name given to the permanent Court or Tribunal established under the Hague Arbitration Convention.The term is often applied to the list of such medical practitioners as have agreed to administer the Medical Benefit under the National Health Insur-ance Acts. Those entitled to be treated by such a medical practitioner are popularly called 'panel-patients,' and the word is used to denote a list of any authoritative persons or consultants where determination or advise is required by statute, e.g., arbitrators under the (English) Acquisition of Land (Assessment of Compensation...
run
run ran run run·ning 1 a : to be or continue to be in operation or effect b : to proceed toward expiration or effectiveness [statute of limitations began to when she received notice of the injury] compare toll 2 : to continue to accrue or become payable in an amount increasing with the passing of time [interest running from a particular date] run with the land : to pass as a right or encumbrance upon the transfer of real property [the restrictive covenant ran with the land] ...
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