Juridical Dictionary

This dictionary contains:
8526
juridical terms

Freehold




Freehold

Estates. An estate of freehold is an estate in lands or other real property, held by a free tenure, for the life of the tenant or that of some other person; or for some uneertain period. It is called liberum tenementum, frank tenement or freehold; it was formerly described to be such an estate as could only be created by livery of seisin, a ceremony similar to the investiture of the feudal law. But since the introduction of certain modern conveyances, by which an estate of freehold may be created without livery of seisin, this description is not sufficient.

RELATED TERMS
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Estate
A right or interest in property or the property of a deceased person.

Freehold
Estates. An estate of freehold is an estate in lands or other real property, held by a free tenure, for the life of the tenant or that of some other person; or for some uneertain period. It is called liberum tenementum, frank tenement or freehold; it was formerly described to be such an estate as could only be created by livery of seisin, a ceremony similar to the investiture of the feudal law. But since the introduction of certain modern conveyances, by which an estate of freehold may be created without livery of seisin, this description is not sufficient.

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.

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.

Free
"1) Not bound to servitude; at liberty to act as one pleases. This word is put in opposition to slave. 2) Ships. By this is understood neutral vessels. Free ships are sometimes considered as making free goods.

Tenure
Estates. The manner in which lands or tenements are holden. 2. According to the English law, all lands are held mediately or immediately from the king, as lord paramount and supreme proprietor of all the lands in the kingdom.

Life
The aggregate of the animal functions which resist death. Bichat.

Tenant
Estates. One who holds or possesses lands or tenements by any kind of title, either in fee, for life, for years, or at will

Person
This word is applied to men, women and children, who are called natural persons.

Frank
The privilege of sending and receiving letters, through the mails, free of postage

Tenement
Estates. In its most extensive signification tenement comprehends every thing which may be holden, provided it be of a permanent nature; and not only lands and inheritances which are holden, but also rents and profits a prendre of which a man has any frank tenement, and of which he may be seised ut de libero tenemento, are included under this term.

Livery
English law. 1) The delivery of possession of lands to those tenants who hold of the king in capite, or knight's service. 2) Livery was also the name of a writ which lay for the heir of age, to obtain the possession of seisin of his lands at the king's hands. 3) It signifies, in the third place, the clothes given by a nobleman or gentleman to his servant.

Seisin
Estates. The possession of an estate of freebold.

Investiture
Estates. The act of giving possession of lands by actual seisin. When livery of seisin was made to a person by the common law he was invested with the whole fee; this, the foreign feudists and sometimes 'our own law writers call investiture, but generally speaking, it is termed by the common law writers, the seisin of the fee.

Feudal
A term applied to whatever concerned a feud; as feudal law: feudal rights.

Law
A rule or body of rules of conduct inherent in human nature and essential to or binding upon human society. The learned profession that is mastered by graduate study in a law school and that is responsible for the judicial system.

Introduction
That part of a writing in which are detailed those facts which elucidate the subject. In chancery pleading, the introduction is that part of a bill which contains the names and description of the persons exhibiting the bill. In this part of the bill are also given the places of abode, title, or office, or business, and the character in which they sue, if it is in autre droit, and such other description as is required to show the jurisdiction of the court.

Without
Pleading. This word is adopted in formal traverses, and is a negative signifying "and not for;" accordingly the language of the elder entries sometimes is, It et nemy pur tiel cause.

Description
A written account of the state and condition of personal property, titles, papers, and the like. It is a kind of inventory, but is more particular in ascertaining the exact condition of the property, and is without any appraisement of it.



SIMILAR TERMS
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Free
"1) Not bound to servitude; at liberty to act as one pleases. This word is put in opposition to slave. 2) Ships. By this is understood neutral vessels. Free ships are sometimes considered as making free goods.

Free course
Maritime law. Having the wind from a favorable quarter.

Free frank
This word is used in composition, as frank-almoign, frank-marriage, frank-tenement.

Free legal advice
Advice given by a member of the legal profession for free.

Free legal form
Any legal form obtainable for free.

Free pratique
Permission given to a ship to use a port after it has been certified free of disease by competent health authorities.

Free warren
English law. A franchise erected for the preservation and custody of beasts and fowls of warren.

Free world (prison)
In the US penitentiary slang, the outside.

Freedmen
The name formerly given by the Romans to those persons who had been released from a State of servitude.

Freedom
Liberty; the right to do what is not forbidden by law. Freedom does not preclude the idea of subjection to law; indeed, it presupposes the existence of some legislative provision, the observance of which insures freedom to us, by securing the like observance from others.

Freehold estate
1) Of inheritance-(a) absolute, as tenancy in fee-simple; (b) limited: qualified or base, and conditional -later, fees-tail. 2) Not of inheritance. These are chattel interests in lands. They are for life, and either conventional or legal; the lowest species is the estate for the life of another.

Freeholder
A person who is the owner of a freehold estate.

Freeman
One who is in the enjoyment of the right to do whatever he pleases, not forbidden by law. One in the possession of the civil rights enjoyed by, the people generally.



PREVIOUS AND NEXT TERMS
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Free frank
This word is used in composition, as frank-almoign, frank-marriage, frank-tenement.

Free pratique
Permission given to a ship to use a port after it has been certified free of disease by competent health authorities.

Free warren
English law. A franchise erected for the preservation and custody of beasts and fowls of warren.

Freedmen
The name formerly given by the Romans to those persons who had been released from a State of servitude.

Freedom
Liberty; the right to do what is not forbidden by law. Freedom does not preclude the idea of subjection to law; indeed, it presupposes the existence of some legislative provision, the observance of which insures freedom to us, by securing the like observance from others.

Freehold

Freehold estate
1) Of inheritance-(a) absolute, as tenancy in fee-simple; (b) limited: qualified or base, and conditional -later, fees-tail. 2) Not of inheritance. These are chattel interests in lands. They are for life, and either conventional or legal; the lowest species is the estate for the life of another.

Freeholder
A person who is the owner of a freehold estate.

Freeman
One who is in the enjoyment of the right to do whatever he pleases, not forbidden by law. One in the possession of the civil rights enjoyed by, the people generally.

Freight
Maritim law, contracts. The sum agreed on for the hire of a ship, entirely or in part, for the carriage of goods from one port to another; note; but in, its more extensive sense it is applied to all rewards or compensation paid for the use of ships.

Freight forwarder
A party who arranges for the carriage of other people's goods by sea, for a fee, usually calculated as a percentage of the freight charge plus expenses. At times, the freight forwarder acts as a principal contractor in respect of the shipper and bears the responsibilities of a common carrier. At other times, the freight forwarder acts merely as an agent of the shipper, with the obligation to exercise reasonable care and skill. In France, the freight forwarder as principal contractor is known as a "commissionnaire de transport", and the freight forwarder agent is known as a "transitaire".

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This dictionary contains 8526 terms.







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