S 110 - Law Dictionary Search Results
Home Dictionary Name: s 110Settled land
Settled land. For the purposes of the (English) Settled Land Acts, 1882-1890, 'settled land' meant land, and any estate and interest therein, which was the subject of a settlement; and 'settlement' meant any instrument, or any number of instruments, under which any land, or any estate or interest in land, 'stands for the time being limited to or in trust for any persons by way of succession' (Settled Land Act, 1882, s. 2) (see infra for the statutory definitions in the Settled Land Act, 1925, which has repealed the S.L. Acts, 1882-1890). Where the settlement consists of more instruments than one it is commonly called a 'compound settlement,' though this term is not defined in the Acts themselves; as to compound settlements, see Re Du Cane & Nettlefold, (1898) 2 Ch 96; Re Munday & Roper, (1899) 1Ch 275; Re Lord Wimborne & Browne (1904) 1 Ch 537; Wolstenholme & Cherry, Conveyancing, etc., Acts.Prior to 1856 settled estates could not be sold or leased except under the authority of some po...
Registration of title of land
Registration of title of land. The (English) Land Registration Act, 1925 (15 Geo. 5, c. 21), repeals and re-enacts the (English) Land Transfer Acts, 1875 (38 & 39 Vict. c. 87) and 1897 (60 & 61 Vict. c. 65), with amendments in keeping with innovations which were introduced by the property laws of 1925. Its object is to simplify the indicia of land ownership and transfer by mere inscription and transcription in a register. The advantages which are claimed for the system are (a) purchasers for value of an absolute or good leasehold title are absolved from any inquiry into the title other than it is shown to be on the register; (b) certain equitable claims which would be binding on the land under the general law and cannot be removed or over-reached without onerous formalities do not affect such purchasers; (c) the method of conveyance or charge is simple; (d) subject to the statutory provisions, registration guarantees the title to purchasers for value and mortgagees. It should be observ...
Abstract of title
Abstract of title. A concise statement, usually prepared for a mortgagee or purchaser of real property, summarising the history of a piece of land including all conveyances interests, lines & encumbrances that reflect title to property, Black's Law Dictionary, 7th Edn., an epitome of the evidence of title to property or power to deal with it.Every purchaser of land or real estate has an implied right to have an abstract of title delivered to him within a reasonable time, Compton v. Bagley, (1892) 1 Ch 313. As to registered land, see the Land Registration Act, 1925, s. 110, and Brickdale and Stewart-Wallace on the Land Registration Act, 1925.An abstract is said to be perfect if it deduces the title from the date fixed by the contract or by statute for its commencement and discloses every incumbrance affecting it, by setting out the material parts of all deeds, wills and other documents, and stating the facts on which it depends: fc. 1 Pres. 42, 207. The statutory period is thirty years,...
Trust instrument
Trust instrument. Under the (English) Settled Land Act, 1925, s. 117 (1) (xxxi.) and s. 9, includes in relation to settled land, any instruments whereby the trusts of the settled land are declared other than a vesting instrument or vesting conveyance. By s. 4 (ibid.), the trust instrument constituting a settlement must, if made after 1925:(a) declare the trusts affecting the settled land;(b) appoint or constitute trustees of the settlement;(c) contain the power (if any) to appoint new trustees;(d) set out any intended addition to or enlargement of the statutory powers;(e) bear the proper ad valorem stamp which may be payable by virtue of the vesting deed or otherwise in respect of the settlement.And see also s. 9 as to settlements or instruments which are to be deemed to be trust instruments for the purposes of the Act, although not complying in form with the above-mentioned requirements.A purchaser for value in good faith is not affected by the contents of the trust instrument and is ...
Vesting instrument
Vesting instrument, a deed, order of Court, or assent, constituting the evidence under the (English) Settled Land Act, 1925, of the title of a tenant for life or statutory owner to the legal estate in settled property as estate owner thereof. This evidence is essential for the settlement of a legal estate in land otherwise than by way of trust for sale (Settled Land Act, 1925, s. 4). The trusts are (after 1925) to be declared by a separate instrument called the Trust Instrument (see that title). Sec. 5 of the Act provides that the principal vesting deed must state:(a) a description of the settled land;(b) that the settled land is vested in the person or persons to or in whom it is conveyed or declared to be vested upon the trusts from time to time affecting the settled land;(c) the names of the trustees of the settlement;(d) any powers which are additional or larger than the statutory powers and are exercisable as statutory powers under the Act;(e) the name of the person entitled under...
Statutory owner
Statutory owner. Defined by the (English) Settled Land Act, 1925, s. 117 (1) (xxvi.), as the trustees of the settlement or other persons who, during the minority, or at any other time when there is no tenant for life, have the powers of a tenant for life under that Act, but does not include the trustee of the settlement, where, by virtue of an order of the Court or otherwise, the trustees have the power to convey the settled land in the name of the tenant for life. Where land has been devised to an infant, the personal representatives, in other cases, the trustees of the settlement, may be statutory owners: ss. 23 and 26; see also s. 110 (ibid.)....
Decree of affirmance
Decree of affirmance, in determining the question as to whether the appellate decree passed by the High Court affirmed the decision of the trial Court the appellate decree must be considered as a whole in relation to the decision of the trial Court similarly considered as a whole. If there is a variation made in the appellate decree in the decision of the trial court it is not a 'decree of affirmance' and this is not affected either by the extent of the variation made or by the fact that the variation is made in favour of the intending appellant and not against him, T. Rajaram v. T. Radhakrishnayya, AIR 1961 SC 1795 (1801): (1962) 2 SCR 452. [Civil Procedure Code (5 of 1908), s. 110]...
Off licence
Off licence. A justices' licence for the sale of intoxicating liquor not to be consumed on the (English) Premises [Licensing (Consolidation) Act, 1910 (10 Edw. 7 & 1 Geo. 5, c. 24), s. 110]...
On sufficient cause being shown
On sufficient cause being shown, the words 'on sufficient cause being shown' in the proviso to s. 110(2) of the Act indicates that the Collector of Customs must apply his mind to the point whether a case for extending the period of six months is made out, I.J. Rao, Asst. Collector of Customs v. Bibhuti Bhushan Bagh, AIR 1989 SC 1884: (1989) 3 SCC 202: (1989) 3 SCR 282....
Married women's property
Married women's property, At Common Law, a woman, by marrying, transferred the ownership of all her property, real and personal, present and future, to her husband absolutely, so that he might sell, pay his debts out of, give away, or dispose by will of it as he pleased, with these exceptions and modifications:-1) Her freehold estate became his to manage and take the profits of during the joint lives only. After his death, leaving her surviving, it passed to her absolutely; after her death, leaving him surviving, provided that it was an estate in possession and issue who could in her it had been born during the marriage, it passed to him as 'tenant by the curtesy (q.v.) of England,' during his life, and after his death to her heir-at-law.(2) Her leasehold estate, her personal estate in expectancy, and the debts owing to her and other 'choses in action,' became his absolutely if he did some act to appropriate or reduce them into possession during the marriage, or if he survived her. If ...
- << Prev.
- Next >>