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In law, severability (sometimes known as salvatorius, from Latin) refers to a provision in a contract or piece of legislation which states that if some of the terms are held to be illegal or otherwise unenforceable, the remainder should still apply. Sometimes, severability clauses will state that some provisions to the contract are so essential ...
Certainty in English law sets out rules for how judges will interpret, sever or put contracts, trusts and other voluntary obligations into effect. If the terms of the contract are uncertain or incomplete, the parties cannot have reached an agreement in the eyes of the law. [ 1 ]
In most jurisdictions, courts routinely "blue pencil" or reform covenants that are deemed not reasonable. The blue pencil doctrine gives courts the authority to strike unreasonable clauses from a non-compete agreement, leaving the rest to be enforced, or actually to modify the agreement to reflect the terms that the parties originally could have and probably should have agreed to. [3]
On Aug. 17, rules surrounding real estate commissions are set to change thanks to a legal settlement between the National Assn. of Realtors and home sellers. Proponents hope the new rules will ...
Acknowledgment (law) Adequate Public Facilities Ordinance; Administration (probate law) Adverse possession; Adverse possession in Australia; Advowson; After-acquired property; Alice's Meadow; Antichresis; Aratrum terrae; Article 7A (New York City housing code) Assignment (law) Association law; Atrisco Land Grant; Attornment; Avulsion (common ...
A severance can in law mean the act of severing a piece of land from a larger tract of land. The severed parcel of land becomes a separate lot (parcel). Second, it can refer to, in jurisdictions that have the form of co-ownership, the ending of a joint tenancy by act or event other than death.
For example: When a person having legal title to property dies, heirs at law or beneficiaries per the last will, automatically receive an equitable interest in the property. When an executor or administrator qualifies, that person acquires the legal title, subject to divestment when the estate has been administered so as to allow for the lawful ...
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 ...