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Simple English definitions for legal terms
continual claim
Read a random definition: benefit of counsel
A quick definition of continual claim:
A continual claim is a formal claim made by someone who owns a piece of land but is not able to take possession of it because of a threat or danger. The claim has to be renewed every year and it allows the owner to keep their right to the land. The owner has to make the claim as close to the land as possible without putting themselves in danger. This way, the owner can still benefit from the land even if they cannot physically be on it. The continual claim was abolished in the early 19th century.
A more thorough explanation:
A continual claim is a formal claim made by an owner who is not in possession of a tract of land due to some kind of threat or danger. The claim must be renewed annually to preserve the claimant's right to the land. The owner must make the claim as close to the land as possible without risking harm. This process gives the owner the same benefits as a legal entry, such as the right to devise the land.
For example, if a landowner is threatened by a neighbor and cannot safely enter their land, they can make a continual claim to preserve their right to the property. They must renew the claim every year to maintain their ownership.
The continual claim was abolished in the early 19th century, but it was an important legal tool for owners who were unable to physically access their land.