Search Results for: ENJOY

sanctuary

sanctuary. 1. A safe place, esp. where legal process cannot be executed; asylum. “Every consecrated church was a sanctuary. If a malefactor took refuge therein, he could not be extracted; but it was the duty of the four neighbouring vills to beset the holy place, prevent his escape and send for a coroner…. [A]fter he

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private nuisance

A condition that interferes with a person’s enjoyment of property; esp., a structure or other condition erected or put on nearby land, creating or continuing an invasion of the actor’s land and amounting to a trespass to it. • The condition constitutes a tort for which the adversely affected person may recover damages or obtain

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disturbance

disturbance, n. 1. An act causing annoyance or disquiet, or interfering with a person’s pursuit of a lawful occupation or the peace and order of a neighborhood, community, or meeting. [Cases: Breach of the Peace 1(3). C.J.S. Breach of the Peace § 4.] 2. At common law, a wrong done to an incorporeal hereditament by

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future covenant

A covenant that can be breached only upon interference with the possession of the grantee or the grantee’s successors. • The covenants in this class are the covenant for further assurances, the covenant for quiet enjoyment, and the covenant of warranty. The distinction between future and present covenants becomes im-portant in determining when the statute

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statute of uses

Statute of Uses. Hist. An English statute of 1535 that converted the equitable title held by a cestui que use (i.e., a beneficiary) to a legal one in order to make the cestui que use liable for feudal dues, as only a legal owner (the feoffee to uses) could be. • This statute was the

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jus fluminum

jus fluminum (j[schwa]s floo-m[schwa]-n[schwa]m), n. [Latin] Civil law. The right to use rivers. JUS FODIENDI jus fodiendi (j[schwa]s foh-dee-en-dI), n. [Latin] Civil law. The right to dig on another’s land. JUS FRUENDI jus fruendi (j[schwa]s froo-en-dI), n. [Latin “right of enjoying”] Roman & civil law. The right to use and enjoy another’s property without damaging

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limitation over

An additional estate created or contemplated in a conveyance, to be enjoyed after the first estate expires or is exhausted. • An example of language giving rise to a limitation over is “to A for life, remainder to B.” [Cases: Deeds 124–134. C.J.S. Deeds §§ 245–252, 263–266, 270, 273–276.]

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free

free, adj. 1. Having legal and political rights; enjoying political and civil liberty (a free citizen) (a free populace). 2. Not subject to the constraint or domination of another; enjoying personal freedom; emancipated (a free person). 3. Characterized by choice, rather than by compulsion or constraint (free will). 4. Unburdened (the land was free of

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committee of the whole

A special committee that comprises all the deliberative assembly’s members who are present. • A deliberative assembly may resolve itself into a committee of the whole so that it can take advantage of the greater procedural flexibility that a committee enjoys, usu. presided over by some chair other than the assembly’s regular chair. Cf. quasi

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