Peaceable possession
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Peaceable possession is a concept used by realtors in the Real estate business and by lawyers and paralegals in Real property law. It actually refers two possible covenants, contract promises, or warranties.
When referring to title to real property, Quiet title is used to refer to the new owner's peaceable possession. Title, or ownership, also includes possession, but is a greater property right than the latter. Therefore, peaceable possession may also refer to a tenant's, or lessee's, warranty of Quiet enjoyment, or require such for a quiet title action. [1]
It is defined as, "in real estate, holding property without any adverse claim to possession or title by another." [2]
Cotenants take property together in peaceable possession.[3]
Peaceable possession is sometimes defined in the negative, that is, a trespasser lacks it. [4]
[edit] References
- ^ Answers.com web site
- ^ Law.com dictionary
- ^ John Houston Merrill, et al., The American and English Encyclopedia of Law (1890), located at [1]
- ^ Canadian Legal Information Institute web site
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