jus vindicandi (j[schwa]s vin-di-kan-dI).Roman law. An owner’s right to recover lost possession even from a bona fide possessor who has given value. • This right, which generally does not exist under modern law, had many exceptions. See R.W. Lee, An Introduction to Roman–Dutch Law 433 (4th ed. 1946).
laesio enormis (lee-shee-oh i-nor-mis). [Law Latin “excessive loss” or “abnormal loss of more than half”] Roman & civil law. 1. The sale of a thing for which the buyer paid less than half its real value. • The seller could rescind the sale, but the buyer could keep the item purchased by paying the full
estray (e-stray), n. 1. A valuable tame animal found wandering and ownerless; an animal that has escaped from its owner and wanders about. • At common law, an estray belonged to the Crown or to the lord of the manor, but today the general rule is that it passes to the state in trust for
restraint on alienation. 1. A restriction, usu. in a deed of conveyance, on a grantee’s ability to sell or transfer real property; a provision that conveys an interest and that, even after the interest has become vested, prevents or discourages the owner from disposing of it at all or from disposing of it in particular
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port. 1. A harbor where ships load and unload cargo. [Cases: Navigable Waters 14. C.J.S. Navigable Waters § 37.] 2. Any place where persons and cargo are allowed to enter a country and where customs officials are stationed. — Also termed (in sense 2) port of entry. foreign port. 1. One exclusively within the jurisdiction
An agreement that real property will be used in a certain way. • An affirmative covenant is more than a restriction on the use of property. It requires the owner to undertake certain acts on the property. For a more general definition of this term, see affirmative covenant under COVENANT(1).
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legatee (leg-[schwa]-tee). 1. One who is named in a will to take personal property; one who has received a legacy or bequest. [Cases: Wills 492–520. C.J.S. Wills §§ 902–966.] 2. Loosely, one to whom a devise of real property is given. — Also termed (archaically) legatary. Cf. DEVISEE. general legatee. A person whose bequest is
The complete destruction of insured property so that nothing of value remains and the subject matter no longer exists in its original form. • Generally, a loss is total if, after the damage occurs, no substantial remnant remains standing that a reasonably prudent uninsured owner, desiring to rebuild, would use as a basis to restore