{"id":16602,"date":"2018-06-15T14:20:24","date_gmt":"2018-06-15T14:20:24","guid":{"rendered":"https:\/\/reunitethestates.org\/?page_id=16602"},"modified":"2018-06-15T21:05:05","modified_gmt":"2018-06-15T21:05:05","slug":"dormant-title","status":"publish","type":"page","link":"https:\/\/reunitethestates.org\/?page_id=16602","title":{"rendered":"dormant title – an unclaimed title\u00a0in real estate; a title to real estate held in abeyance, unasserted"},"content":{"rendered":"

\u00a0 \u00a0 \u00a0This page is continued from Property<\/a> >>>>\u00a0Ownership<\/a>\u00a0>>>>\u00a0Title<\/a>:<\/strong><\/span><\/p>\n

*****************************<\/p>\n

dormant title<\/span>:<\/span><\/strong>
\n(17c)<\/span><\/p>\n

1. A title<\/a><\/span>\u00a0in real property<\/a> held in abeyance<\/span>.\u00a0<\/strong>[1]<\/span><\/p>\n

1. A title to real estate held in abeyance, unasserted.<\/span><\/strong>\u00a0[2]<\/span><\/p>\n

1. An unclaimed title to real estate.<\/strong> [3]<\/span><\/p>\n

abeyance<\/span>:<\/span><\/strong><\/span>
\n(17c) n.\u00a0<\/em><\/span><\/p>\n

1. Temporary inactivity; suspension.\u00a0<\/span><\/strong><\/p>\n

2. <\/span><\/strong>Property.<\/span><\/em> A lapse in succession during which no person is vested with title.\u00a0<\/span><\/strong>\u2014<\/span> abeyant<\/span><\/strong><\/em><\/span>. adj<\/em>. [1]<\/span><\/p>\n

1. In expectation, remembrance, and contemplation in law.<\/span><\/strong><\/p>\n

An estate in fee is in abeyance where there is no person in esse<\/span> in whom it may vest and abide, although the law considers it as always potentially existing and ready to vest when a proper person in whom it may vest appears. 28 Am J2d Est\u00a0\u00a7 10<\/span>.<\/strong> [2]<\/span><\/p>\n

1. A state of inactivity or suspension.<\/strong> [3]<\/span><\/p>\n

\u00a0 \u00a0 \u00a0Excerpt from 1 Richard Burn, A New Law Dictionary<\/em><\/a> 4 (1792).<\/span><\/strong><\/p>\n

\u00a0 \u00a0 \u00a0“Abeyance, from the French\u00a0buyer<\/em>, to expect, is that which is in expectation, remembrance, and intendment of law. \u00a0By a principle of law, in every land there is a fee simple in somebody, or else it is in abeyance<\/em>; that is, though for the present it be in no man, yet it is in expectancy belonging to him that is next to enjoy the land.<\/span>”\u00a0<\/span><\/strong>[4]<\/span><\/p>\n

buying and selling in dormant titles<\/span>:<\/span><\/strong><\/span><\/p>\n

1. A particular form of maintenance which was prohibited by an English statute in 1541.<\/span><\/strong><\/p>\n

In some jurisdictions such transactions are\u00a0<\/span>prohibited<\/span>\u00a0by the\u00a0common law. \u00a0In others, statutes forbid the transfer to a stranger of the title to land in adverse possession<\/a> of another. <\/span><\/span>14 Am J2d Champ\u00a0\u00a7 11<\/span>.<\/span><\/span><\/strong> [2]<\/span><\/span><\/p>\n

trading and dormant titles<\/span>:<\/span><\/strong><\/p>\n

1. A form of maintenance of which cognizance has been taken by statute, the first statute on the subject being that of 32 Henry VII, chapter 9. 14 Am J2d Champ\u00a0\u00a7 11<\/span>.<\/strong> [2]<\/span><\/p>\n

succession<\/span>:<\/span><\/strong><\/p>\n

1. The act or right of legally or officially taking over a predecessor’s office, rank, or duties.<\/span><\/strong><\/p>\n

2. The acquisition of rights or property by inheritance under the laws of descent and\u00a0<\/span>distribution<\/span>; DESCENT (1).<\/span><\/span><\/strong>\u00a0\u2014 <\/span><\/span>succeed<\/strong><\/em><\/span>, <\/span><\/span>vb<\/em>. [1]<\/span><\/span><\/p>\n

1. Following another; succeeding to the rights of another, as where a new corporation which is a reorganization of another corporations takes the rights of the old corporation. 19 Am J2d Corp\u00a0\u00a7 1524<\/span>.<\/span><\/strong><\/p>\n

The passing of property in possession or enjoyment, present or future, and dispositions of property by will, deed, or laws of descent, by reason whereof any person shall become entitled in possession or\u00a0<\/span>expectancy<\/span>\u00a0to property upon\u00a0the death of any other person. <\/span><\/span>Wright v Blakeslee<\/em>, 101 US 174, 25 L Ed 1048<\/span>.<\/span><\/span><\/strong><\/p>\n

The word is one of technical meaning in the law and signifies the taking of property by inheritance or will from the state of a decedent, or by operation of law; and it is a word which clearly excludes those who take by deed, grant, gift, or any form of purchase or contract. Quarles v Clayton<\/em>, 87 Tenn 308, 10 SW 505<\/span>.<\/span><\/strong>
\n\u00a0 \u00a0 \u00a0See descent<\/em>; hereditary succession<\/em>; intestate succession<\/em>; perpetual succession<\/em>; universal succession<\/em>. [2]<\/span><\/p>\n

1. The passing of the property of a decedent by will or by inheritance (intestate succession), as opposed to taking title by deed, grant, gift, or contract.<\/span><\/strong>
\n\u00a0 \u00a0 \u00a0See hereditary succession<\/em>; intestate succession<\/em>.<\/span><\/p>\n

2. Succeeding to the rights of another. \u00a0EXAMPLE: in the law of corporations, perpetual succession.<\/span><\/strong><\/p>\n

3. Following and taking the place of another. \u00a0EXAMPLE: succession in office, as when one officeholder takes the place of another who has retired, died, or not been reelected.<\/strong> [3]<\/span><\/p>\n

vacant succession<\/span>:<\/span><\/strong>
\n(18c) vb.<\/span><\/p>\n

1. A succession that fails either because there are no known heirs or because the heirs have renounced the estate.<\/span><\/strong><\/p>\n

2. An estate that has suffered such a failure.<\/strong> \u00a0See ESCHEAT. [1]<\/span><\/p>\n

1. An inheritance which no one claims and the heirs who are entitled to which are unknown.<\/strong> [2]<\/span><\/p>\n

1. An inheritance that no one claims and the lawful heirs of which are unknown.<\/strong> [3]<\/span><\/p>\n

in esse<\/span>:<\/span><\/strong><\/p>\n

1. Alive; living; in being.<\/span><\/strong>
\n\u00a0 \u00a0 \u00a0See in being<\/em>. [2]<\/span><\/p>\n

1. In being.<\/span><\/strong>
\n\u00a0 \u00a0 \u00a0See in being<\/em>; life in being.<\/em> [3]<\/span><\/p>\n

escheat<\/span>:<\/span><\/strong>
\n(14c) n<\/em>.<\/span><\/p>\n

1.<\/strong> Hist<\/em>. The reversion of land ownership back to the lord when the immediate tenant dies without heirs.<\/strong> \u00a0See WRIT OF ESCHEAT.<\/span><\/p>\n

2. Reversion of property (especially real property) to the state upon the death of an owner who has neither a will nor any legal heirs.<\/span><\/strong><\/p>\n

3. Property that has so reverted. \u00a0<\/span><\/strong>See heirless estate<\/em>.\u00a0\u2014 escheat<\/span><\/strong><\/em>, vb<\/em>.\u00a0\u2014 escheatable<\/span><\/strong><\/em>, adj<\/em>. [1]<\/span><\/p>\n

1. An obstruction of the course of descent by chance or accident. 27 Am J2d Each\u00a0\u00a7 1<\/span>.<\/span><\/strong><\/p>\n

The preferable right of the state to an estate left vacant because of the\u00a0<\/span>absence<\/span>\u00a0of persons legally entitled to make claim\u00a0thereto. <\/span><\/span>University of North Carolina v High Point<\/em>, 203 NC 558, 166 SE 511<\/span>.<\/span><\/span><\/strong><\/p>\n

The reversion of property to the state when the title fails. Delancy v State<\/em>, 42 ND 630 174 NW 290<\/span>.<\/span><\/strong><\/p>\n

The state does not take as an heir; escheat is not succession. 27 Am J2d Esch\u00a0\u00a7 1<\/span>.<\/span><\/strong><\/p>\n

A word deriving from the French or Norman French which, in its most comprehensive scope, means he reversion or forfeiture of property to the government upon the happening of some chance event or default. 27 Am J2d Esch\u00a0\u00a7\u00a01<\/span>.<\/span><\/strong><\/p>\n

In England, real estate escheats, but he Crown takes personal property, where there is no owner, that is bona vacantis<\/em>. 27 Am J2d Esch\u00a0\u00a7 1<\/span>.<\/strong> [2]<\/span><\/p>\n

1. The right of the state to take title to property after the death of a person who has not disposed of the property by will and has left no heirs to inherit it.<\/strong> [3]<\/span><\/p>\n

\u00a0 \u00a0 \u00a0Excerpt from George Crabb’s A history of English Law<\/em> 79 (1st Am. ed. 1831):<\/span><\/strong><\/p>\n

\u00a0 \u00a0 \u00a0“Escheat, from the French eschoir<\/em>, to fail incidentally, was the casual descent of lands and tenements to the lord propter defectum sangulnis<\/em> [for lack of inheritable blood], that is, when the tenant dies without heirs; which was a part of the feudal system in every country.<\/span>“<\/span><\/strong><\/p>\n

\u00a0 \u00a0 \u00a0Excerpt from 4 James Kent’s Commentaries on American Law<\/em><\/a> *423-24 (George Cornstock ed., 11th ed. 1866):<\/span><\/strong><\/p>\n

\u00a0 \u00a0 \u00a0“All escheats, under the English law, are declared to be strictly feudal, and to import the extinction of tenure…. \u00a0The rule [was] that if lands were held in trust and the cestui que<\/em> trust without heirs, the lands did not escheat to the crown, but the trustee, being in esse and in the legal seisin of the land, took the land discharged of the trust, and bound as owner for the feudal services. \u00a0But as the feudal tenures do not exist in this country, there are no private persons who succeed to the inheritance by escheat; and the state steps in the place of the feudal lord, by virtue of its sovereignty, as the original and ultimate proprietor of all the lands within its jurisdiction.<\/span>“<\/span><\/strong><\/p>\n

References:<\/span><\/span><\/strong><\/p>\n

Disclaimer:<\/span><\/span><\/strong> All material throughout this website is compiled in accordance with Fair Use<\/a>.<\/span><\/strong><\/p>\n

[1]: Black’s Law Dictionary <\/a><\/span><\/strong>Deluxe<\/b><\/span><\/a><\/em> Tenth<\/b><\/span><\/a><\/em> Edition<\/b><\/span><\/a><\/em> by Henry Campbell Black, Editor in Chief Bryan A. Garner. ISBN: 978-0-314-61300-4 <\/span><\/strong><\/p>\n

[2]: Ballantine\u2019s Law <\/a><\/span><\/strong>Dictionary\u00a0<\/b><\/span><\/a><\/strong>with<\/b><\/span><\/a><\/em> Pronunciations<\/b><\/span><\/a><\/em> Third Edition<\/a>\u00a0by James A. Ballantine\u00a0<\/span><\/strong>(James Arthur 1871-1949).\u00a0\u00a0<\/span><\/em>Edited by William S. Anderson.\u00a0\u00a0\u00a9 1969 by THE LAWYER\u2019S CO-OPERATIVE PUBLISHING COMPANY.\u00a0 Library of Congress Catalog Card No. 68-30931<\/span><\/strong><\/p>\n

[3]:\u00a0\u00a0Ballantine\u2019s Law Dictionary <\/a><\/span><\/strong>Legal<\/b><\/span><\/a><\/em> Assistant<\/b><\/span><\/a><\/em> Edition<\/b><\/span><\/a><\/em>
\nby Jack Ballantine\u00a0<\/span><\/strong>(James Arthur 1871-1949).\u00a0\u00a0<\/span><\/em>Doctored<\/span><\/a><\/strong>\u00a0<\/span><\/em>by\u00a0Jack G. Handler,\u00a0J.D.<\/a>\u00a0\u00a9 1994 Delmar by Thomson Learning.\u00a0 ISBN 0-8273-4874-6.<\/span><\/strong><\/p>\n

************************ <\/span><\/p>\n

Back to\u00a0Bad (Defective, Unmarketable) Title<\/a><\/span><\/span><\/strong><\/p>\n

Back to<\/span><\/span><\/strong> Title<\/a>\u00a0<\/span><\/span><\/strong><\/p>\n

Back to\u00a0<\/span><\/strong>Ownership<\/a><\/strong><\/span><\/span><\/p>\n

Back to\u00a0 <\/span><\/span><\/strong>Property<\/span><\/a><\/strong><\/p>\n

Home Page<\/span><\/a><\/strong><\/p>\n

Like this website?<\/span><\/span><\/strong><\/p>\n

Donate to Wild Willpower PAC<\/a><\/b><\/span><\/strong>
\n<\/strong>or donate via\u00a0<\/span><\/span><\/strong>PayPal<\/a>\u00a0<\/span><\/strong>here:<\/span><\/span><\/strong><\/span><\/p>\n