An easement that can be enjoyed only if the party claiming it deliberately acts in some way with regard to the servient estate. • Examples are a right-of-way and the right to draw water. — Also termed discontinuing easement; noncontinuous easement; nonapparent easement; (in Louisiana) discontinuous servitude. Cf. continuous easement. [Cases: Easements 38. C.J.S. Easements […]
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libera lex (lib-[schwa]r-[schwa] leks), n. [Latin “free law”] Hist. Free law; the law of the land. • This phrase referred to the law enjoyed by free and lawful men, as opposed to men who had lost the benefit and protection of the law as a result of committing crimes. See LIBERAM LEGEM AMITTERE.
free law. Hist. The civil rights enjoyed by a freeman (as opposed to a serf). • Free law could be forfeited if the freeman was convicted of treason or an infamous crime.
An estate with a present right of enjoyment or a present fixed right of future enjoyment.
airspace. The space that extends upward from the surface of land, esp. so far as is necessary for the owner or possessor to have reasonable use and enjoyment of the incidents of its ownership or possession. Cf. OUTER SPACE. national airspace. Int’l law. The pillar of air above a nation’s territory — including internal waters
A bond that only the holder of record may redeem, enjoy benefits from, or transfer to another. Cf. bearer bond. [Cases: Bonds 74, 86.]
covenant of warranty (所有权)担保条款 它是最重要的权利担保条款〔title covenant〕，转让人或保证人以此保证，在合同项下所转让的不动产之全部或部分有权利瑕疵时，将就对方所受损失给予金钱赔偿。具体地说，是指出让人向受让人保证，第三人不得对所转让的财产主张合法的优先权利；如果第三人提出该类权利主张，则出让人应对受让人因此遭受的损失予以补偿。这类条款有时被视为与「平静享用担保条款」〔covenant for quiet enjoyment〕同义。
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sub modo (s[schwa]b moh-doh). [Latin] Subject to conditions or qualifications (the riparian landowner enjoys the property sub modo, i.e., subject to the right of the public to reserve enough space for levees, public roads, and the like).
sui juris (s[y]oo-Iorsoo-ee joor-is). [Latin “of one’s own right; independent”] 1. Of full age and capacity. 2. Possessing full social and civil rights. 3. Roman law. Of or relating to anyone of any age, male or female, not in the postestas of another, and therefore capable of owning property and enjoying private-law rights. • As
habere licere (h[schwa]-beer-ee li-seer-ee), vb. [Latin “to allow to have”] Roman law. To stipulate to a purchaser’s right to possess and enjoy property undisturbed. • The term denoted a seller’s duty to indemnify the purchaser if the purchaser was evicted. An evicted purchaser could raise an action on the stipulation or, under Justinian, an actio