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Appurtenance
AppurtenanceSomething that, although detached, stands as part of another thing. An attachment or appendage to something else. Used often in a real estate context where an "appurtenance" may be, for example, a right-of-way over water, which, although physically detached, is part of the legal rights of the owner of another property. RELATED TERMS-------------------------------------- Attachment Crim. law, practice. A writ requiring a sheriff to apprehend a particular person, who has been guilty of. a contempt of court, and to bring the offender before the court. Real 1) A term which is applied to land in its most enlarged signification. Real security, therefore, means the security of mortgages or other incumbrances affecting lands. 2) In the civil law, real has not the same meaning as it has in the common law. There it signifies what relates to a thing, whether it be movable or immovable, lands or goods; thus, a real injury is one which is done to a thing, as a trespass to property, whether it be real or personal in the common law sense. A real statute is one which relates to a thing, in contradistinction to such as relate to a person. Estate A right or interest in property or the property of a deceased person. Context The general series or composition of a law, contract, covenant, or agreement. Example An example is a case put to illustrate a. principle. Water 1) That liquid substance of which the sea, the rivers, and creeks are composed. 2) A pool of water, or a stream or water course, is considered as part of the land, hence a pool of twenty acres, would pass by the grant of twenty acres of land, without mentioning the water. 3) Like land, water is distinguishable into different parts, as the sea, rivers, docks, canals, ponds and sewers, and to these may be added at water course Legal That which is according to law. It is used in opposition to equitable, as the legal estate is, in the trustee, the equitable estate in the cestui que trust. Owner Property. The owner is he who has dominion of a thing real or person-al, corporeal or incorporeal, which he has a right to enjoy and to do with as he pleases, even to spoil or destroy it, as far as the law permits, unless he be prevented by some agreement or covenant which restrains his right. Property Property is commonly thought of as a thing which belongs to someone and over which a person has total control. But, legally, it is more properly defined as a collection of legal rights over a thing. These rights are usually total and fully enforceable by the state or the owner against others. It has been said that "property and law were born and die together. Before laws were made there was no property. Take away laws and property ceases." before laws were written and enforced, property had no relevance. Possession was all that mattered. There are many classifications of property, the most common being between real property or immoveable property (real estate such as land or buildings) and "chattel", or "moveable" (things which are not attached to the land such as a bicycle, a car or a hammer) and between public (property belonging to everybody or to the state) and private property. SIMILAR TERMS-------------------------------------- Appurtenances In common parlance and legal acceptation, is used to signify something belonging to another thing as principal, and which passes as incident to the principal thing. Appurtenant Belonging to; pertaining to of right. PREVIOUS AND NEXT TERMS-------------------------------------- Approaches to the conflict of laws Instead of the classic chronological, historical approach to private international law, W. Tetley has divided conflict of law theory into five theoretical approaches: 1) single concepts (single principles); 2) multiple numbered rules (infra); 3) general texts (infra); 4) national legislation and international conventions; 5) methodologies (infra) Approbate and reprobate In Scotland this term is used to signify to approve and reject. It is a maxim quod approbo non reprobo. Appropriation Ecclesiastical law The setting apart an ecclesiastical benefice, which is the general property of the church, to the perpetual and proper use of some religious house, bishop or college, dean and chapter and the like. Approvement 1) English Criminal law. The act by which a person indicted of treason or felony, and arraigned for the same, confesses the same before any plea pleaded, and accuses others, his accomplices, of the same crime, in order to obtain his pardon. 2) English law. The inclosing of common land within the lord's waste, so as to leave egress and regress to a tenant who is a commoner. Approver English Criminal law. One confessing himself guilty of felony, and approving others of the same crime to save himself. Appurtenance Appurtenances In common parlance and legal acceptation, is used to signify something belonging to another thing as principal, and which passes as incident to the principal thing. Appurtenant Belonging to; pertaining to of right. Aqua Water. It is a rule that water belongs to the land which it covers, when it is stationary: aqua cedit solo. But the owner of running water, or of a water course, cannot stop it the inferior inheritance having a right to the flow. Aquae ductus Civil law. The name of a servitude which consists in the right to carry water by means of pipes or conduits over or through the estate of another. Aquae haustus Civil law. The name of a servitude which consists in the right to draw water from the fountain, pool, or spring of another. We thank you for using the Juridical Dictionary to search for Appurtenance. If you have a better definition for Appurtenance than the one presented here, please let us know by making use of the suggest a term option. This definition of Appurtenance may be disputed by other professionals. Our attempt is to provide easy definitions on Appurtenance and any other medical topic for the public at large.
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