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Simple English definitions for legal terms
sur disclaimer
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A quick definition of sur disclaimer:
Term: SUR DISCLAIMER
Definition: A long time ago, when someone rented land from a lord, they had to promise to take care of it and pay rent. If the renter decided they didn't want to take care of the land anymore, they could say they didn't want it and give it back to the lord. But sometimes the lord didn't want the land back, they wanted the renter to keep their promise. So, they could use a special legal paper called a sur disclaimer to make the renter give the land back and pay for any damage they caused.
A more thorough explanation:
Definition: A historical legal writ used by a lord to recover land from a tenant who has disclaimed their tenure.
Example: If a tenant refused to acknowledge their obligation to their lord and disclaimed their tenure, the lord could use a sur disclaimer writ to take back the land.
This legal term is not commonly used today, but it refers to a specific type of legal action that was used in feudal times. The example illustrates how a lord could use this writ to regain control of land that was rightfully theirs, but which a tenant had refused to acknowledge.