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Encroachment
EncroachmentAn unlawful gaining upon the right or possession of another; as, when a man sets his fence beyond his line; in this case the proper remedy for the party injured is an action of ejectment, or an action of trespass. RELATED TERMS-------------------------------------- Unlawful That which is contrary to law. Right 1) Sometimes it signifies a law, as when we say that natural right requires us to keep our promises, or that it commands restitution, or that it forbids murder. In our language it is seldom used in this sense. 2) It sometimes means that quality in our actions by which they are denominated just ones. This is usually denominated rectitude. 3) It is that quality in a person by which he can do certain actions, or possess certain things which belong to him by virtue of some title. In this sense, we use it when we say that a man has a right to his estate or a right to defend himself. Possession International law. By possession is meant a country which is held by no other title than mere conquest. When 1) At which time, in wills, standing by itself unqualified and unexplained, this is a word of condition denoting the time at which the gift is to continence. 2) The context of a will may show that the word when is to be applied to the possession only, not to the vesting of a legacy; but to justify this construction, there must be circumstances, or other expressions in the will, showing such to have been the testator's intent. Fence A building or erection between two contiguous estates, so as to divide them; or on the same estate, so as to divide one part from another. Line 1) Measures. A line is a lineal measure containing the one twelfth part of a on inch. 2) Estates. The division between two estates. Limit; border; boudary. Case 1) Practice. A contested question before a court of justicea suit or action a cause. 2) An agreement in writing, between a plaintiff and defendant, that the facts in dispute between them are as there agreed upon and mentioned Proper That which is essential, suitable, adapted, and correct. Remedy The means employed to enforce a right or redress an injury. Party Practice, contracts. When applied to practice, by party is understood either the plaintiff or defendant. In contracts, a party is one or more persons who engage to perform or receive the performance of some agreement. Action 1) French commercial. Stock in a company, shares in a corporation. 2)Civil law. An action instituted to avoid a sale onaccount of some Vice or defect in the thing sold which readers it either absolutely useless, or its use so inconvenient and, imperfect, that it must be, supposed the buyer would not have purchased it, had he known of the vice. Trespass Torts. An unlawful act committed with violence, ti et armis, to the person, property or relative rights of another. Every felony includes a tres-pass, in common parlance, such acts are not in general considered as tres-passes, yet they subject the offender to an action of trespass after his conviction or acquittal. 2) Remedies. The name of an action, instituted for the recovery of damages, for a wrong committed against the plaintiff, with immediate force; as an assault and battery against the person; an unlawful entry into his, land, and an unlawful injury with direct force to his personal property. It does not lie for a mere non-feasance, nor when the matter affected was not tangible. SIMILAR TERMS-------------------------------------- PREVIOUS AND NEXT TERMS-------------------------------------- En ventre In the womb; unborn. Enabling powers A term used in equity. When the donor of a power, who is the owner of the estate, confers upon persons not seised of the fee, the right of creating interests to take effect out of it, which could not be done by the donee of the power, unless by such authority; this is called an enabling power Enactment A law or a statute; a document which is published as an enforceable set of written rules is said to be "enacted". Enceinte Medical jurisprudence. A French word, which signifies pregnant. Enclosure An artificial fence put around one's estate. Encroachment Encumbered When a lien, mortgage or other restraint is placed against a property. Encumbrance A burden or charge upon an estate or property, so that it cannot be disposed of without being subject to it. Encyclopedia A book or series of books arranged alphabetically by topics containing information on areas of law, including citations to support the information. Endeavor Criminal law. An attempt. Endorsee A party to whom an order bill of lading is endorsed by the original consignee or a previous endorsee of that same bill of lading. We thank you for using the Juridical Dictionary to search for Encroachment. If you have a better definition for Encroachment than the one presented here, please let us know by making use of the suggest a term option. This definition of Encroachment may be disputed by other professionals. Our attempt is to provide easy definitions on Encroachment and any other medical topic for the public at large.
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