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Understanding De Warrantia Chartae: A Key Legal Concept
Definition & Meaning
De Warrantia Chartae is a legal term that translates to "of a warranty of charter." This writ is used in property law, allowing a tenant who has been granted land (enfeoffed) to seek assistance from the original landowner (feoffor) when facing legal action, such as an assize. This is particularly relevant when the tenant cannot invoke the warranty in their defense. Essentially, it compels the feoffor to either support the tenant in legal proceedings or compensate them for damages if the tenant loses the case.
Table of content
Legal Use & context
This term is primarily used in civil law, especially in property disputes. It plays a crucial role in situations where a tenant is challenged in court and needs to rely on the original terms of their land grant. Users can often manage related forms and procedures themselves, utilizing templates available through US Legal Forms, which are drafted by experienced attorneys.
Key legal elements
Real-world examples
Here are a couple of examples of abatement:
Example 1: A tenant inherits land with a warranty from the original owner. When a neighboring landowner sues them for property rights, the tenant can invoke De Warrantia Chartae to compel the original owner to defend them in court.
Example 2: A tenant faces eviction due to a dispute. They cannot call upon the warranty in their defense. Under De Warrantia Chartae, they can seek the original landowner's assistance or claim damages if they lose the case. (hypothetical example)
State-by-state differences
State
Variation
California
Uses similar principles but has specific local statutes governing warranties.
New York
Follows traditional common law principles, with some variations in enforcement.
This is not a complete list. State laws vary, and users should consult local rules for specific guidance.
Comparison with related terms
Term
Definition
Key Differences
Warranty Deed
A legal document that guarantees a property title is clear of any claims.
Focuses on property transfer, while De Warrantia Chartae is about tenant rights in legal actions.
Assurance
A promise or guarantee, often related to property ownership.
Assurance can be broader, while De Warrantia Chartae specifically involves tenant actions.
Common misunderstandings
What to do if this term applies to you
If you find yourself in a situation involving De Warrantia Chartae, consider the following steps:
Review your land grant and warranty terms.
Gather any documentation related to your legal action.
Consult with a legal professional if the situation is complex.
Explore US Legal Forms for templates that can help you manage your legal needs effectively.
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