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Simple English definitions for legal terms
in prender
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A quick definition of in prender:
Term: in prender
Definition: In prender is a legal term that means a right consisting of property taken to fulfill a claim to it. For example, a lord may have to seize an incorporeal hereditament, such as a heriot custom, in order to exercise the right to it. This term is similar to "in render."
A more thorough explanation:
Term: In PrenderDefinition: In prender is a legal term that means a right to take possession of property to fulfill a claim to it. This property can be an incorporeal hereditament, such as a heriot custom, that a lord had to seize to exercise the right to it. It is similar to the term "in render."
Examples: A lord has the right to take a heriot custom, which is a tribute paid by a tenant to the lord upon the tenant's death. The lord can exercise this right by seizing the property of the deceased tenant. Another example is a landlord's right to seize a tenant's property if the tenant fails to pay rent.
Explanation: In both examples, the right to take possession of property is necessary to fulfill a claim to it. The lord must seize the heriot custom to exercise the right to it, and the landlord must seize the tenant's property to fulfill the claim for unpaid rent. These actions are considered in prender.