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In Hong Kong, there is a statutory definition of "encumbrance".In Conveyancing and Property Ordinance (Cap. 219) it reads: ""encumbrance" (產權負擔) includes a legal and equitable mortgage, a trust for securing money, a lien, a charge of a portion, annuity, or other capital or annual sum; and "encumbrancer" (產權負擔人) has a meaning corresponding with that of "encumbrance" and ...
The word "incumbent" is derived from the Latin verb incumbere, literally meaning "to lean or lay upon" with the present participle stem incumbent-, "leaning a variant of encumber, [1] while encumber is derived from the root cumber, [2] most appropriately defined: "To occupy obstructively or inconveniently; to block fill up with what hinders freedom of motion or action; to burden, load."
Assignment [a] is a legal term used in the context of the laws of contract and of property.In both instances, assignment is the process whereby a person, the assignor, transfers rights or benefits to another, the assignee. [1]
Under Roman law, ownership of a building was considered inseparable from ownership of the land beneath it.A person with the right to use the land for a superficies, known as a superficarius, enjoyed a right to use the superficies, bequeath it to his heirs and encumber it, despite not "owning" it outright.
At common law, this was the name of a mixed action (springing from the earlier personal action of ejectione firmae) which lay for the recovery of the possession of land, and for damages for the unlawful detention of its possession. The action was highly fictitious, being in theory only for the recovery of a term for years, and brought by a ...
A Law Reference Collection, 2011, ISBN 1624680003 and ISBN 978-1-62468-000-7; Trinxet, Salvador. Trinxet Reverse Dictionary of Legal Abbreviations and Acronyms, 2011, ISBN 1624680011 and ISBN 978-1-62468-001-4. Raistrick, Donald. Index to Legal Citations and Abbreviations. 3rd ed. London: Sweet & Maxwell, 2008. This book focuses more on British ...
Examples of clouds on title include a property's address being misspelled in a deed conveying title, a mortgage lien whose repayment hasn't been officially recorded, a deed which has been signed but hasn't been properly recorded, an easement that has not been properly recorded, unpaid property taxes, a failure to transfer property rights (such ...
In property law, alienation is the voluntary act of an owner of some property to dispose of the property. Alienability is the quality of being alienable, i.e., the capacity for a piece of property or a property right to be sold or otherwise transferred from one party to another.