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Legal Terms - Estate
n. 1. (in property law) The period of tenure of land (Walsingham's Case (1573) 2 Plowd 547). According to formal legal theory, the Crown possesses ownership of all land in England and Wales. All others possess an estate (a duration for which the tenure will last) of the Crown. In practice, the freehold estate known as fee simple absolute in possession is equivalent to absolute ownership. Other freehold estates, such as *life interest and *fee tail, are less prevalent and typically reside within a trust or settlement, characterized as equitable rather than legal. The leasehold estate, or term of years absolute, is the estate possessed by a tenant from a landlord. Similar to the fee simple absolute in possession, it might constitute a legal estate. 2. (in revenue law) The whole of the property to which an individual holds beneficial entitlement. It encompasses both tangible assets and equitable rights, debts, and any other rights that can be quantified in monetary terms (O’Neill v IRC [1988] STC (SCD) 110; Melville v IRC [2001] EWCA Civ 1247, [2001] STC 271). An asset can simultaneously belong to two distinct individuals' estates without any prohibitive regulation. Excluded property, encompassing the majority of reversionary interests and certain foreign affairs, is disregarded in the assessment of the death charge (see to inheritance tax).
n. 1. (in property law) The period of tenure of land (Walsingham's Case (1573) 2 Plowd 547). According to formal legal theory, the Crown possesses ownership of all land in England and Wales. All others possess an estate (a duration for which the tenure will last) of the Crown. In practice, the freehold estate known as fee simple absolute in possession is equivalent to absolute ownership. Other freehold estates, such as *life interest and *fee tail, are less prevalent and typically reside within a trust or settlement, characterized as equitable rather than legal. The leasehold estate, or term of years absolute, is the estate possessed by a tenant from a landlord. Similar to the fee simple absolute in possession, it might constitute a legal estate. 2. (in revenue law) The whole of the property to which an individual holds beneficial entitlement. It encompasses both tangible assets and equitable rights, debts, and any other rights that can be quantified in monetary terms (O’Neill v IRC [1988] STC (SCD) 110; Melville v IRC [2001] EWCA Civ 1247, [2001] STC 271). An asset can simultaneously belong to two distinct individuals' estates without any prohibitive regulation. Excluded property, encompassing the majority of reversionary interests and certain foreign affairs, is disregarded in the assessment of the death charge (see to inheritance tax).
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Legal Terms - real estate agent
An individual who facilitates connections between potential buyers and sellers of real estate. A person may belong to a professional organization but is nonetheless governed by the National Trading Standards Estate Agency Team (NTSEAT), now administered by Powys County Council, in accordance with the Estate Agents Act 1979 and the Consumer Protection from Unfair Trading Regulations 2008. Since October 2008, all estate agents must be members of an accredited estate agents redress scheme, such as the Property Ombudsman. Refer to misdescription as well.
An individual who facilitates connections between potential buyers and sellers of real estate. A person may belong to a professional organization but is nonetheless governed by the National Trading Standards Estate Agency Team (NTSEAT), now administered by Powys County Council, in accordance with the Estate Agents Act 1979 and the Consumer Protection from Unfair Trading Regulations 2008. Since October 2008, all estate agents must be members of an accredited estate agents redress scheme, such as the Property Ombudsman. Refer to misdescription as well.
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Legal Terms - Estate contract
A legal agreement wherein the landowner consents to establish or transfer a legal estate in the property; for instance, the owner may contract to issue a lease, sell the property, or provide a legitimate option to purchase. The contract grants the purchaser an enforceable equitable interest against third parties, contingent upon registration.
A legal agreement wherein the landowner consents to establish or transfer a legal estate in the property; for instance, the owner may contract to issue a lease, sell the property, or provide a legitimate option to purchase. The contract grants the purchaser an enforceable equitable interest against third parties, contingent upon registration.
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Legal Terms- estate for years
land ownership that persists throughout a given time span. Refer to the term of years.
land ownership that persists throughout a given time span. Refer to the term of years.
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Legal Terms - owner of an estate
proprietor of a *legal estate in real estate.
proprietor of a *legal estate in real estate.
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Legal Terms - estate pur (or per) autre vie
[other vie, other life, in Norman French] a lifelong stake in another person's property. A is the tenant pur autre vie and will possess the property for as long as B (the cestui que vie) is alive if A is granted it. The individuals entitled under A's will or intestacy will inherit the interest for the length of B's life if A passes away before B; if B passes away before A, A's interest in it ends. Since 1925, the interest has only been a *equitable interest. It is a type of *life interest and an estate of freehold, meaning it could be inherited.
[other vie, other life, in Norman French] a lifelong stake in another person's property. A is the tenant pur autre vie and will possess the property for as long as B (the cestui que vie) is alive if A is granted it. The individuals entitled under A's will or intestacy will inherit the interest for the length of B's life if A passes away before B; if B passes away before A, A's interest in it ends. Since 1925, the interest has only been a *equitable interest. It is a type of *life interest and an estate of freehold, meaning it could be inherited.
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Legal Terms – Estoppel
[From Norman French estouper, to stop up] estoppel n. a rule of law or evidence that forbids someone from contesting the veracity of a claim they have made or the existence of facts they have claimed to exist. The individual who wants to use estoppel must have acted upon the denial (likely to his detriment) or his status must have changed as a result. Estoppel comes in a number of forms. • When the party estopped makes a declaration or gives the other party reason to believe in a certain truth, estoppel by behavior (also known as in pais) occurs. • A person who has performed a deed is prohibited from claiming that the facts contained in the deed are false by estoppel by deed. • A person is prohibited from revisiting questions that are *res judicata, or that have been decided by a court of competent jurisdiction, by estoppel by record, also known as per rem judicatam.
Also see issue estoppel. Promissory and proprietary estoppel are the two types of equitable estoppel. When one party to a contract promises the other (by words or deeds) that he will not exercise his rights under the contract in whole or in part, the doctrine of promissory estoppel comes into play. Even if the promise is made without deliberation, it will still bind the person making it: he won't be able to sue later on the contract if the other party has acted in reliance on it. Thus, the theory alters the common-law principles of *accord and satisfaction where appropriate. A claimant who has acted negatively as a result of a promise or representation made to him by the property owner may be granted a discretionary remedy by the courts under the theory of proprietary estoppel. According to Crabb v. Arun District Council [1976] Ch 179, the remedy granted is "the minimum equity to do justice" and ought to be commensurate with the harm suffered (Jennings v. Rice [2002] EWCA Civ 159, [2003] 1 FCR 501; Ottey v. Grundy [2003] EWCA Civ 1176 [2003], WTLR 1253). The remedy could be monetary compensation (Baker v. Baker (1993) 25 HLR 408 (CA)), a life interest (Greasley v. Cooke [1980] 1 WLR 1306 (CA)), or the full fee simple in a property (Pascoe v. Turner [1979] 1 WLR 431 (CA)).
[From Norman French estouper, to stop up] estoppel n. a rule of law or evidence that forbids someone from contesting the veracity of a claim they have made or the existence of facts they have claimed to exist. The individual who wants to use estoppel must have acted upon the denial (likely to his detriment) or his status must have changed as a result. Estoppel comes in a number of forms. • When the party estopped makes a declaration or gives the other party reason to believe in a certain truth, estoppel by behavior (also known as in pais) occurs. • A person who has performed a deed is prohibited from claiming that the facts contained in the deed are false by estoppel by deed. • A person is prohibited from revisiting questions that are *res judicata, or that have been decided by a court of competent jurisdiction, by estoppel by record, also known as per rem judicatam.
Also see issue estoppel. Promissory and proprietary estoppel are the two types of equitable estoppel. When one party to a contract promises the other (by words or deeds) that he will not exercise his rights under the contract in whole or in part, the doctrine of promissory estoppel comes into play. Even if the promise is made without deliberation, it will still bind the person making it: he won't be able to sue later on the contract if the other party has acted in reliance on it. Thus, the theory alters the common-law principles of *accord and satisfaction where appropriate. A claimant who has acted negatively as a result of a promise or representation made to him by the property owner may be granted a discretionary remedy by the courts under the theory of proprietary estoppel. According to Crabb v. Arun District Council [1976] Ch 179, the remedy granted is "the minimum equity to do justice" and ought to be commensurate with the harm suffered (Jennings v. Rice [2002] EWCA Civ 159, [2003] 1 FCR 501; Ottey v. Grundy [2003] EWCA Civ 1176 [2003], WTLR 1253). The remedy could be monetary compensation (Baker v. Baker (1993) 25 HLR 408 (CA)), a life interest (Greasley v. Cooke [1980] 1 WLR 1306 (CA)), or the full fee simple in a property (Pascoe v. Turner [1979] 1 WLR 431 (CA)).
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Legal Terms – Estovers
the authority to harvest wood for specific uses from property that is not fully owned by oneself. The right can exist as a *profit àprendre and originates in favor of a lessee or *tenant for life under a settlement of the land. Estovers include the following: (1) house bote, which is used to repair a house or to use as fuel within it; (2) plough bote, which is used to repair farm equipment; and (3) hay bote, which is used to repair fences. In each instance, the renter or lessee may only remove as much wood as is necessary for the purposes of the present and not for the future. Estovers are typically *appurtenant as earnings à prendre. Estrada's theory the idea that a government's de facto existence, not its legitimacy, should serve as the basis for *recognition. It has the name of Don Genero Estrada, the Mexican Secretary of Foreign Affairs, who, in 1930, forbade Mexican ambassadors from making any announcements that amounted to a grant of recognition because he believed that doing so was demeaning and violated other countries' sovereignty. The United States, the United Kingdom, and numerous other nations embraced the Estrada theory in 1980.
the authority to harvest wood for specific uses from property that is not fully owned by oneself. The right can exist as a *profit àprendre and originates in favor of a lessee or *tenant for life under a settlement of the land. Estovers include the following: (1) house bote, which is used to repair a house or to use as fuel within it; (2) plough bote, which is used to repair farm equipment; and (3) hay bote, which is used to repair fences. In each instance, the renter or lessee may only remove as much wood as is necessary for the purposes of the present and not for the future. Estovers are typically *appurtenant as earnings à prendre. Estrada's theory the idea that a government's de facto existence, not its legitimacy, should serve as the basis for *recognition. It has the name of Don Genero Estrada, the Mexican Secretary of Foreign Affairs, who, in 1930, forbade Mexican ambassadors from making any announcements that amounted to a grant of recognition because he believed that doing so was demeaning and violated other countries' sovereignty. The United States, the United Kingdom, and numerous other nations embraced the Estrada theory in 1980.
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Legal Terms -estreat
[from the Old French estrait] estreat 1. An excerpt from a document about *fines and recognitions. 2. vb. To impose a fine or forfeit a recognizance, particularly one granted by the surety of an admitted bailor.
[from the Old French estrait] estreat 1. An excerpt from a document about *fines and recognitions. 2. vb. To impose a fine or forfeit a recognizance, particularly one granted by the surety of an admitted bailor.
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Legal Terms - ethnic minority
A group that is numerically smaller than the state's overall population but whose members are citizens of that state, have cultural, religious, or linguistic traits that set them apart from the general populace, and exhibit, if subtly, a sense of solidarity aimed at upholding their own social customs, religion, or language. Ethnic cleansing, or the attempted eradication of an ethnic minority by the troops of the majority within a state, may be considered a crime against humanity (see war crimes) that warrants humanitarian assistance.
A group that is numerically smaller than the state's overall population but whose members are citizens of that state, have cultural, religious, or linguistic traits that set them apart from the general populace, and exhibit, if subtly, a sense of solidarity aimed at upholding their own social customs, religion, or language. Ethnic cleansing, or the attempted eradication of an ethnic minority by the troops of the majority within a state, may be considered a crime against humanity (see war crimes) that warrants humanitarian assistance.
