Terms For Years - Law Dictionary Search Results
Home Dictionary Name: terms for years Page: 5Assessment of damages
Assessment of damages, the assessment of damages is split into two parts. The first part comprises damages for the period between death and trial. The multiplicand is multiplied by the number of years which have elapsed between those two decades. Interest at one half of the short-term investment rule is also awarded on that multiplicand. The second party's damages for the period from the trial onwards from that period, the number of years which have based on the number of years that the expectancy would probably have lasted: central to that calculation is the probable length of the deceased's working life at the date of death, Uttar Pradesh State Road Transport Corporation v. Krishna Bala, AIR 2006 SC 2688....
Quare ejecit infa terminum
Quare ejecit infa terminum (wherefore he ejected within the term), a writ which lay by the ancient law where the wrongdoer or ejector was not himself in possession of the lands, but another who claimed under him.Quare ejecit infra terminum, and why he ejected within the term. A writ for a lessee who was prematurely ejected, when the ejector was not actually in possession but one claiming under the ejector was, Black's Law Dictionary, 7th Edn., p. 1256.Means for this injury the law has provided him with two remedies ...... .. the writ of quare ejecti infra terminum; which lies not against the wrongdoer or ejector himself, but his feoffee or other person claiming under him. These are mixed actions, somewhat between real and personal; for therein are two things recovered, as well restitution of the term of years, as damages for the ouster or wrong, Commentaries on the Laws of England, 3 William Blackstone 199 (1768)...
Building lease
Building lease, a lease of land for a long term of years, usually 99, at a rent called a ground rent, the lessee covenanting to erect certain buildings thereon according to specification, and to maintain the same, etc., during the term. At the end of the term, the land, with the buildings upon it, reverts to the lessor and his assigns. By 45 & 46 Vict. c. 38, s. 2(10)(iii), a building lease is defined as a lease for the erecting and improving of, and the adding to and the repairing of, buildings, and by the Law of Property Act, 1925, s. 205, as a lease for building purposes or purposes connected therewith. Such leases of settled land are regulated by the Settled Land Act, 1925, s. 44, and (as to leases by mortgagees), by s. 99, sub.-ss. 58 (3), (9) and (10) of the (English) L.P. Act, 1925. See the (English) Landlord and Tenant Act, 1927 (17 & 18 Geo. 5, c. 36), s. 2(1), in connection with a tenant's claim for compensation for improvements....
Prerogative of mercy
Prerogative of mercy. In early times the operation of the Royal Prerogative of Mercy was far wider than at the present day, as it was not only extended to some persons who in later ages would not be considered to have incurred any criminal respon-sibility, e.g., persons who had committed homicide by misadventure or in self-defence (Pollock and Maitland's Hist. Engl. Law, vol. ii., pp. 476 et seq.), but was even extended to jurors who had been attained for an oath that, though not false, was fatuous: ibid. p. 661. The power of pardoning offences is stated by Blackstone to be one of the great advantages of monarchy in general above every other form of government, and which cannot subsist in democracies. Its utility and necessity are defended by him on all those principles which do honour to human nature: see 4 Bl. Com. c. 31, p. 397. In early times, again, there were fewer offences that did not admit of being pardoned. In appeals (i.e., private accusations of felony) which were not the s...
Remitter
Remitter. Where he who has the right of entry in lands, but is out of possession, obtains afterwards the possession of the lands by some subsequent, and, of course, defective title, he is remitted or sent back, by operation of law, to his ancient and more certain title. The possession which he has gained by a bad title is ipso facto annexed to his own inherent good one; and his defeasible estate is utterly defeated and annulled by the instantaneous act of law, without his participation or consent. As if A. disseise B., i.e., turn him out of possession, and afterwards demise the land to B. (without deed) for a term of years, by which B. Enters, this entry is a remitter to B., who is in of his former and surer estate. But if A. had demised to him for years by deed indented, or by matter of record, there B. would not have been remitted. For if a man by deed indented take a lease of his own lands, it shall bind him to the rents and covenants, because a man never can be allowed to affirm th...
Jointure
Jointure, strictly, a joint estate limited to husband and wife, but in common acceptation extended also to a sole estate limited to the wife only. To a legal jointure these four things were requisite:-The old rules were: (1) The jointure must take effect immediately on the death of the husband. (2) It must be for her own life at least, and not pur autre vie, or for any term of years, or for any smaller estate. (3) It must be made to herself, and no other in trust for her. (4) It must be made, and so in the deed particularly expressed to be, in satisfaction of the whole, and not of part of her dower. It may be made either before or after marriage; if made after marriage she may waive it, and claim her dower. 2 Bl. Com. 137.The (English) Statute of Jointures, 11 Hen. 7, c. 20, was repealed by 3 & 4 Wm. 4, c. 74, s. 17, except as to lands comprised in settlements made before the passing of this Act. See DOWER; and 20 Hen. 8, c. 10.Since estates for life are not legal estates now (English)...
Contingent remainder
Contingent remainder, a remainder limited so as to depend on an event or condition which may never happen or be performed, or which may not happen or be performed till after the determination of the preceding estate, Fearne, Cont. Remainders.The legal estate in contingent remainders has been abolished by the Law of Property Act, 1925, s. 1. S. 4, whoever, provides that they can take effect as equitable interests, and any instrument creating a contingent remainder has become a settlement under s. 1 (ii) of the (English) S.L. Act, 1925. See SETTLED LAND.In Smith d. Dormer v. Parkhurst, (1740) 18 Vin. Abr. 413; 6 Bro. Cas. Par. 351, the Court held that, in every case where an estate is given to A. for life, the grantor has an 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 itself, and may be conveyed to trustees; and that, when it is conv...
Gavelkind
Gavelkind. A mode or rule of descent by custom abolished by the Administration of Estates Act, 1925, s. 45(1)(a), in the case of all deaths after 1925 except in regard to entailed estates, and descent from a person of unsound mind, as provided by s. 51 (ibid.), and see (English) L.P. Act, 1922, 12th Sched. (1)(d), and Re Price, 1928 Ch 579. The word is derived from the Saxon word 'gafol,' or, as it is otherwise written, 'gavel,' which signifies 'rent' or a 'customary performance of husbandry works'; accordingly the land which yielded this kind of service, in contradistinction to knight-service land, was called 'GAVELKIND' that is 'land of the kind that yields rent.' Lambarde (Perambulations of Kent, Edn. 1656, p. 585) first advanced and promulgated this supposition, which does not seem to be sufficiently comprehensive since 'gavelkind' does not necessarily denote land subject to rent, in opposition to the opinion of Lord Coke, who traced the word to 'gave all kinde' 'for the custom giv...
Easement
Easement, An easement is a right which the owner or occupier of certain land possesses, a such, for the beneficial enjoyment of that land, to do and continue to do something, or to prevent and continue to prevent something being done, in or upon, or in respect of, certain other land not his own. [Easement Act, 1882 (5 of 1882), s. 4]Easement, a privilege without profit which the owner of one neighbouring tenement hath of another, existing in respect of their several tenements, by which the owner of the one (called the servient) tenement is obliged to suffer, or not to do something on his own land, for the advantage of the owner of the other (called the dominant) tenement, e.g., a right of way, a right of passage of water. It is the servitus of the Civil Law. An easement being a mere right without profit must be distinguished from a profit a prendre (q.v.), which confers a right to take something from the servient tenement. Instances of easements are rights of way, light, support, or fl...
Ground rent
Ground rent. Rent reserved on a lease by a lessor, usually for a long term of years to a lessee who may use or dispose of the land by sale or lease at its value during the term subject to the ground rent; it generally takes the form of rent payable for land let on a building lease on which the lessee erects building, which at the termination of the lease become, together with the land, the property of the lessor, Barlett v. Salmon, 6 De G.M. & G. p. 33....
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