eviction by title paramount
- eviction by title paramount
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The eviction of a tenant by one whose title is superior to that of the landlord. 32 Am J1st L & T § 245. A breach of a title covenant of quiet enjoyment. 20 Am J2d Cov § 101; a breach of a title covenant of warranty. 20 Am J2d Cov § 54.
Within the meaning of a covenant in a deed against eviction by "paramount right," the term includes any right which commencing before the deed is not passed by it, but exists independently of it, and can be asserted with the effect of rightfully evicting the tenant under the deed. Davis v Logan's Heirs, 44 Ky (5 B Mon) 341, 342.
Ballentine's law dictionary.
Anderson, W.S..
1998.
Look at other dictionaries:
title paramount — A superior title. A better title. See eviction by title paramount … Ballentine's law dictionary
eviction — Dispossession, actual or constructive. A term with peculiar reference to a tenant, being the disturbance of his possession, his expulsion or amotion, depriving him of the enjoyment of the demised premises, or any portion thereof, by title… … Ballentine's law dictionary
paramount title — A superior title. See eviction by title paramount … Ballentine's law dictionary
paramount right — A superior right. See eviction by title paramount … Ballentine's law dictionary
title — ti·tle n [Anglo French, inscription, legal right, from Old French, from Latin titulum inscription, chapter heading, part of the law that sanctions an action] 1 a: the means or right by which one owns or possesses property; broadly: the quality of … Law dictionary
eviction — evic·tion /i vik shən/ n: the dispossession of a tenant of leased property by force or esp. by legal process actual eviction: eviction that involves the physical expulsion of a tenant constructive eviction: eviction effected by substantially… … Law dictionary
Eviction — E*vic tion, n. [L. evictio: cf. F. [ e]viction.] 1. The act or process of evicting; or state of being evicted; the recovery of lands, tenements, etc., from another s possession by due course of law; dispossession by paramount title or claim of… … The Collaborative International Dictionary of English
constructive eviction — As a breach of a covenant of title: it yielding by the grantee to the hostile assertion of an adverse paramount title. 20 Am J2d Cov § 101. Any disturbance of a tenant s possession by the landlord, or someone acting under his authority, or an… … Ballentine's law dictionary
entry under paramount title — index eviction Burton s Legal Thesaurus. William C. Burton. 2006 … Law dictionary
ouster by paramount title — index eviction Burton s Legal Thesaurus. William C. Burton. 2006 … Law dictionary
