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property

Doctrine of worthier title

A doctrine in real property law creating a presumption that when a grantor conveys a future interest to the grantor's own heirs, the grantor actually intended to keep the interest in himself or herself.  May be overcome with sufficient evidence of a contrary intent.

Collaterals

Relatives, such as uncles, aunts, siblings, or cousins, other than ancestors and issue.

Ascertained

When a particular individual that holds a future interest is alive and may be identified.  The heirs of a person who is still alive are unascertained.

Alternative contingent remainder

A pair of remainders that have opposite conditions precedent.

Ancestor

The relative of a particular individual from whom that individual is descended directly. 

Alienable

An interest in property is alienable if it may be conveyed by one individual to another individual. In general, and by common law, private property is alienable. The classical restraint on alienation was the fee tail, which required its owner to pass the property (usually land) to his heirs. A more familiar restraint is that on human organs.

Profit à prendre

A right that may be granted to an individual to enter another's land and take some natural produce (ie. fish, timber, sand, or crops).

Remainder (property law)

 A remainder is a future interest in land.  It is the right to own and possess the land after the fixed interest of current holder expires.  Thus, a remainder can follow a life estate or a term of years.  It is created by the use of the phrase "then to" or similar language.  For example both "to A for life, then to B" and "to A for 10 years, then to B" give B a remainder.  A person who has a remainder is called a remainderman.   Contrast with a reversion.

Abatement clause

Definition

Provision in a lease agreement that releases the tenant from paying rent if an act of God makes occupancy impossible or otherwise precludes the property from being used.

See also

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