Defendemus is a Latin term meaning "we will defend." In legal terms, it is used in conveyancing to require the donor and their heirs to defend the donee against any claims or encumbrances that are not explicitly agreed upon. This term is often associated with warranty clauses, although it does not constitute a warranty itself.
Defendemus is primarily used in the context of property law, specifically in conveyancing. It serves as a protective measure for the donee, ensuring they are defended against any unapproved claims to the property. Users may encounter this term when dealing with property transfers or estate planning, and they can utilize legal templates from US Legal Forms to create necessary documents.
Here are a couple of examples of abatement:
Example 1: A property owner transfers a piece of land to a buyer with a defendemus clause. If a third party later claims ownership of a portion of that land, the original owner must defend the buyer against this claim.
Example 2: A family member inherits property with a defendemus clause in the deed. If someone attempts to place a lien on the property without the heir's consent, the original donor's heirs must defend the heir against this action. (hypothetical example)
| State | Variation |
|---|---|
| California | Defendemus clauses are commonly included in property deeds. |
| New York | Similar protections exist, but the terminology may differ. |
| Texas | Defendemus is recognized, but specific requirements may vary. |
This is not a complete list. State laws vary, and users should consult local rules for specific guidance.
| Term | Definition | Key Differences |
|---|---|---|
| Warranty | A guarantee about the quality or condition of a property. | A warranty provides a promise; defendemus requires defense against claims. |
| Indemnity | Compensation for harm or loss. | Indemnity involves compensation, while defendemus involves legal defense. |
If you are involved in a property transfer that includes a defendemus clause, ensure you understand your rights and obligations. Consider consulting a legal professional for personalized advice. You can also explore US Legal Forms for templates that can help you draft or review necessary documents.
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Defendemus means "we will defend" and is used in property law to protect the donee from unapproved claims.