Tenantable Repair - Law Dictionary Search Results
Estovers, or estouviers
Estovers, or estouviers [fr. estoffer, Fr., to furnish, or festover, Fr., i.e., fovere, Lat., to keep warm, cherish, sustain, or defend]. Bote, any kind of sustenance; also a wife's alimony.Estoveria sunt ardendi, arandi, construendi et claudendi. 13 Rep. 68.--(Estovers are of firebote, ploughbote, housebote, and hedgebote.)Wood that a tenant is allowed to take for fuel, the manufacture or repair of agricultural instruments, and erection and maintenance of fences and lodges, Black's Law Dictionary....
Heyloed
Heyloed, a customary burden laid upon inferior tenants for mending or repairing the heys or hedges....
Hay-bote
Hay-bote, a liberty to take thorns and other wood to make and repair hedges, gates, fences, etc., either by tenant for life or years; also wood for making of rakes and forks. See BOTE....
Cartbote
Wood to which a tenant is entitled for making and repairing carts and other instruments of husbandry...
estovers
estovers [Anglo-French, plural of estover necessity, allowance, from estoveir to be necessary, from Old French, ultimately from Latin est opus it is necessary] : necessary supplies ;esp : wood that a tenant is allowed to take from the landlord's premises (as for necessary repairs or fuel) ...
Common
Common, a profit which a man has in the land of another; it derives its name from the community of interest which thence arises between the claimant and the owner of the soil, or between the claimant and other commoners entitled to the same right; all which parties are entitled to bring actions for injuries done to their respective interests, and that both as against strangers and against each other. It is called an incorporeal right, which lies in grant, as if originally commencing in some agreement between lords and tenants, for some valuable consideration which, by lapse of time, being formed into a prescription, continues, although there be no deed or instrument in writing which proves the original contract or agreement. It differs from a rent, principally in freedom of enjoyment on the one hand, and in freedom from obligation on the other; which the law expresses by the quaint antithesis that it lies not in render but in prender. It is also incidentally distinguished by its fruits...
Distress
Distress [fr. distringo, Lat., to bind fast; districtio, Med. Lat., whence distraindre, Fr.], a taking, without legal process, of a personal chattel from the possession of a wrong-doer into the hands of a party grieved, as a pledge for the redressing an injury, the performance of a duty, or the satisfaction of a demand.This remedy may be resorted to by a landlord for recovery of rent in arrear, by a rate collector or tax collector for recovery of rates or taxes, and by justices of the peace for the recovery of fines due on summary convictions.A distress may be made of common right for the rent payable by a tenant to a landlord, technically termed 'rent-service,' and by particular reservation, or under s. 121 of the (English) Law of Property Act, 1925, for rent-charges, and also for rents-seck since the (English) Landlord and Tenant Act, 1730 (4 Geo. 2, c. 28), s. 5, which extended the same remedy to rents-seck, rents of assize, and chief-rents, and thereby in effect abolished all mater...
Way
Way [fr. w'g, Sax.; weigh, Dut.; vig or wig, M. Goth.], road made for passengers.1. A passage or pat 2. A right to travel over another's property, Black's Law Dictionary, 7th Edn., p. 1587.There are three kinds of ways:-1st, a footway (iter); 2nd, a footway and horseway (actus, vulgarly called packe and prime way; 3rd, via or aditus, which contains the other two, and also a cartway, etc.; and this is two-fold, viz., regia via, the king's highway for all men, and communis strata, belonging to a city or town or between neighbours and neighbours. This is called in our books chimin, Co. Litt. 56 a.All ways are divided into highways and private ways. A right of way strictly means a private way, i.e. a privilege which an individual or a particular description of persons may have of going over another's ground. Such a right is an incorporeal hereditament.A highway is a public passage for the sovereign and all his subjects, and it is commonly called the king's public highway; and the turnpike ...
Service
Service [fr. servitium, Lat.], that duty which a tenant, by reason of his estate, owes to his lord. There are many divisions of this duty in our ancient law books, as into personal and real, which is either urbane or rustic, free and base, continua land annual, casual and accidental, intrinsic and extrinsic, certain and uncertain, etc. see TENURE.The formal delivery of a writ, summons of other legal process 2. The formal delivery of some other legal notice such as pleading, Black's Law Dictionary, 7th Edn., p. 1372.The formal mode of bringing a writ or other process, or a notice in a suit, to the knowledge of the person affected by it.The service of writs of summons is regulated by (English) R.S.C. 1883, Ord. IX., which by r. 1 dispenses wit service, when (as is usual) the defendant, by his solicitor, agrees to accept service, and enters an appearance. By r. 2, service, when required, must be personal, unless an order for 'substituted service, or the substitution of notice for service,...
Increase of Rent and Mortgage (Restrictions) Acts (English)
Increase of Rent and Mortgage (Restrictions) Acts (English). A series of statutes, each of a temporary character, curtailing the contractual rights, in respect of certain classes of property, of landlords and mortgagees. This legislation was rendered necessary, in the first instance, by the conditions caused by the outbreak of the Great War. The continuance of the protection to tenants and mortgagees of dwelling-houses afforded by the later Acts was made necessary by the housing shortage, caused principally by the economic effects of the war. The Courts (Emergency Powers) Act,1914 (4 & 5 Geo. 5, c. 78), was the first of such Acts: it restricted the right to levy distress or resume possession of property by landlords and of mortgagees to foreclose or realize their security. This Act was followed by a series of complicated statutes which imposed restrictions on increasing the rent and mortgage interest on properties falling within their scope. the obscure and ambiguous drafting of these ...
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