Statutory Release - Law Dictionary Search Results
Statutory release
Matched in: Term Statutory release
right of redemption
(as by paying to the creditor what is due to release the secured property) ;specif : a mortgagor's statutory right to redeem after a judicial foreclosure and sale
Proviso for redemption
Law of Property Act, 1925, s. 115, a receipt of the person entitled to give a receipt (see statutory form) for the moneys secured by the mortgage endorsed on or written at the foot if, or annexed … endorsed on or written at the foot if, or annexed to the mortgage operates as a surrender or release of the mortgagee's term or as a reconveyance of all the mortgaged interest or property, and in either
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Waiver
is entitled to rely on a stipulation, existing for his benefit alone, in a contract or of a statutory provision, may waive it, and allow the contract or transaction to proceed as though the stipulation or provision … and Broom's Leg. Max. under the titles Consensus tollit errorem, Quilibet potest renunciare juri pro se introducto. See RELEASE. Waiver is distinct from estoppel in that in waiver the essential element is actual intent to abandon or
Power
a will to A., an executor, to sell an estate, to whom no estate was devised, and a statutory power to sell estates, as in the instance of the Land Tax Redemption Acts, are both Common Law … this extends to make leases in possession only, and not in reversion. Powers appendant may be destroyed by release, bargain and sale, or feoffment; powers in gross, by feoffment or release; but powers simply collateral could not
Joint-tenancy
are expressed or implied. The law itself now adopts it in cases of trustees for sale upon the statutory trusts for sale [see (English) L.P. Act, 1925, ss. 34 et seq.], assignees in bankruptcy, and others, though … of assurance from one joint-tenant to another was, and as to equitable interests still is, a deed of release, and the fee passed in such a case without the word 'heirs.' No right of dower or courtesy
Tail
estate-tail in land now constitutes a settlement. [(English) Settled Land Act, 1925, s. 1] With this and other statutory modifications under the (English) Law of Property Act, 1925, the rules relating to this form of estate are … assurance of a fee-simple were feoffment (at the Common Law), bargain and sale, covenant to stand seised, a release (under the Statute of Uses), or grant, which is the best mode of assurance, and which must be
Apportionment
distress and entry upon severance of land subject to an entire rent charge. These powers have now become statutory and certain covenants are implied in a conveyance (other than a mortgage) or lease (other than a mortgage) … became lost to the tenant by irruption of the sea, also by act of parties, e.g., upon surrender, release, grant or devise of part of demised land. The right to apportionment is a question of law, the
Undivided shares in land
or if there are more than four, the first four named in the conveyance joint tenants upon the statutory trusts (q.v.) A trust for sale does not arise in the case of joint tenants for life who … and providing for the disposal of the equitable interest in any shares while preserving the incidents of a release of the legal estate by a joint tenant to the other joint tenants, and (by implication) the jus
Conveyance
s. 2(b)] The voluntary transfer of a right or of property, Black's Law Dictionary, 7th Edn. Conveyance, the statutory provision extends to all forms of disposition by which creditors may be defrauded, except a will, and except, … 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
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