Legal Definitions - indefeasible

Indefeasible describes a legal right or claim that is absolute and cannot be defeated, revoked, or taken away. When a right is indefeasible, it means it is firmly established and secure, without any conditions that could cause it to be lost or cancelled. This term often appears in property law, signifying a future interest in property that is guaranteed to be received and kept by the beneficiary, free from any potential challenges or conditions that might otherwise prevent its full enjoyment.

• Example 1: Future Property Interest

  A will specifies, "I grant my entire farm to my daughter, Eleanor, for her lifetime. Upon Eleanor's death, the farm shall pass to my grandson, Michael, and his heirs forever."

  In this scenario, Michael's right to the farm upon Eleanor's death is indefeasible. This means that once Eleanor passes away, Michael's ownership of the farm is absolute and cannot be challenged or revoked by anyone, provided the will was validly executed. There are no further conditions Michael needs to meet, nor can anyone else claim a superior right to the property after Eleanor's passing; his right is certain and secure.

• Example 2: Government-Granted Right

  A national park service issues a special permit for a specific, non-renewable resource extraction, stating that once granted, the permit holder's right to extract is "indefeasible" for the duration of the permit term.

  Here, the term indefeasible means that the permit holder's right to extract the resource cannot be revoked or lost by the government during the specified term, even if new regulations are introduced or political priorities change. As long as the permit holder complies with the original terms and conditions, their right to continue extraction is protected and cannot be defeated by subsequent governmental actions.

• Example 3: Secure Title to Land

  A property owner receives a certificate of title for their land that is issued under a "Torrens system" of land registration, which typically declares the registered title to be indefeasible.

  Under such a system, an indefeasible title means that the registered owner's claim to the land is considered conclusive and cannot be challenged or overturned by prior unregistered claims, defects in previous deeds, or other historical encumbrances, except in very limited circumstances like fraud. The certificate itself serves as definitive proof of ownership, providing the highest level of security and certainty for the property owner.