The term "descensus tollit intrationem" refers to a legal principle that indicates a descent or lowering in status can remove or nullify the right to enter a property or a situation. In simpler terms, if someone descends from a higher status or right, they may lose their ability to access or enter a particular area or situation.
This principle is often applied in property law and real estate transactions. It can be relevant in cases involving inheritance, where a descendant may lose certain rights to property due to their status. Understanding this term is crucial for individuals dealing with property rights, estate planning, or real estate transactions. Users can benefit from legal templates provided by US Legal Forms to navigate these situations effectively.
Here are a couple of examples of abatement:
For instance, if a property owner bequeaths a property to their child, and that child subsequently sells the property, they may lose their right to enter the property if the new owner restricts access. (Hypothetical example.)
Examples of state differences (not exhaustive):
| State | Variation |
|---|---|
| California | In California, descent can affect property rights significantly in probate cases. |
| Texas | Texas law has specific statutes regarding descent and property rights in inheritance. |
| New York | New York courts may interpret descent differently in landlord-tenant disputes. |
This is not a complete list. State laws vary, and users should consult local rules for specific guidance.
| Term | Definition | Difference |
|---|---|---|
| Right of Entry | The legal right to enter a property. | Descensus tollit intrationem specifically addresses loss of this right due to descent. |
| Adverse Possession | Acquiring property rights through continuous possession. | Adverse possession involves gaining rights, while descensus involves losing them. |
If you believe that your right to enter a property may be affected by descent, consider the following steps:
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| Attribute | Details |
|---|---|
| Typical Fees | Varies by state and legal service provider. |
| Jurisdiction | Property law varies by state. |
| Possible Penalties | Loss of property access rights. |
It means that a descent can remove the right of entry to a property or situation.