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The merger also refers to the doctrine whereby "a fee simple estate, once fragmented into present and future interests, can thereafter be reconstituted. 'Merger is the absorption of a lesser estate by a greater estate, and takes place when two distinct estates of greater and lesser rank meet in the same person or class of persons at the same time without any intermediate estate.' "[1 ...
The Rule in Shelley's Case is a rule of law that may apply to certain future interests in real property and trusts created in common law jurisdictions. [1]: 181 It was applied as early as 1366 in The Provost of Beverly's Case [1]: 182 [2] but in its present form is derived from Shelley's Case (1581), [3] in which counsel stated the rule as follows:
The merger doctrine in civil procedure stands for the proposition that when litigants agree to a settlement, and then seek to have their settlement incorporated into a court order, the court order actually extinguishes the settlement and replaces it with the authority of the court to supervise the behavior of the parties. [1]
The phrase merger doctrine or doctrine of merger may refer to one of several legal doctrines: Merger doctrine (antitrust law) Merger doctrine (civil procedure) Merger doctrine (copyright law) Merger doctrine (criminal law) Merger doctrine (family law) Merger doctrine (property law) Merger doctrine (trust law)
Merger doctrine (property law) ... Real estate agency; Real estate contract; Real property; Real Property Act 1858; Recording (real estate) Registers of Scotland;
A life estate pur autre vie can be created when a contingent remainder is destroyed, in a Doctrine of Merger situation, where one person acquires the life estate of another and thereby destroys a remainder not already vested. [4]
A common law rule "that a freehold contingent remainder which does not vest at or before the termination of the preceding freehold estate is destroyed. Such termination of the preceding estate might result from the natural expiration of that estate, or from forfeiture, or from merger ."
Binder – In law, a binder (also known as an agreement for sale, earnest money contract, memorandum of sale, or contract to sell) is a short-form preliminary contract in which the purchaser agrees to buy and the seller agrees to sell certain real estate under stated terms and conditions, usually in the form of a purchase offer, and is ...