Life estate: Right of a tenant to use land during his lifetime. The estate reverts to the grantor (or some other person) on the death of the life tenant. A property right which lasts until the life tenant dies is called an estate pur sa vie (French: for his life). If it is for the duration of the life of a third party, it is called an estate pur autre vie (French: for another”s life). The life tenant is not allowed permanently to change the land or structures on it.
Tag: Legal Terms
Life tenant
Life tenant:Beneficiary of a life estate.
Limitation of actions
Limitation of actions: The State of Limitations sets down times within which proceedings must be brought. If no action is taken within the prescribed time limits, any future action is said to be statute-barred. In negligence claims, where there is no personal injury* , the limit is six years. Where there is personal injury* , the limit is three years. In a fatal injury case, it”s three years from the date of death. In a claim involving breach of a simple contract (not under seal), the limit is six years. With personal injury* arising from breach of contract, it”s three years (or three years from the date of death). With a specialty contract (under seal), the period”s 12 years, as it is for actions involving land. The maximum period for recovery of arrears of tax or rent is six years.
Lineal descendant
Lineal descendant: Direct descendant (for example, the child of his natural parent).
Liquidation
Liquidation: Sale of all the assets of a company or partnership by a liquidator and use of the proceeds to pay off creditors. Any money left over is distributed among shareholders or partners according to their interests or rights.
Lis pendens
Lis pendens: (Latin: pending action) Registration of a pending action against the owner of land. It does not bind any subsequent purchaser of the land until a memorandum is registered in court.
Locus standi
Locus standi: (Latin: place of standing) Person”s right to take an action or be heard by a court.
Mandamus
Mandamus: (Latin: we command) High Court order commanding an individual, organisation, administrative tribunal or court to perform a certain action – usually to correct an earlier illegal action or failure to fulfil some statutory duty.
Mediation
Mediation: Form of alternative dispute resolution involving an agreed mediator acting as a facilitator to help the parties negotiate an agreement. The mediator does not adjudicate on the issues or force a compromise only the parties involved can resolve the dispute. The result of a successful mediation is called a settlement.
Mens rea
Mens rea: (Latin: guilty mind) Most crimes require proof of guilty intention before a person can be convicted. The prosecution must prove either that the accused knew his action was illegal or that he was reckless or grossly negligent. Some offences (such as drunken driving) are matters of strict liability, which means that the intention or state of mind of the person committing the offence is irrelevant.