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Simple English definitions for legal terms
leading of a use
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A quick definition of leading of a use:
Term: Leading of a use
Definition: Leading of a use is a legal term used in a deed to specify the person for whom the land will be used before the levy of a fine. It is like making a plan for who will use the land before it is officially transferred. For example, if someone wants to settle their estate on someone else for life, then to another person in tail, and then to another person in fee, they would usually make a settlement proposal and then covenant to levy a fine. This is called a deed to lead the uses of the fine or recovery, and the fine when levied, or recovery when suffered, shall enure to the uses so specified, and no other.
A more thorough explanation:
Definition: Leading of a use is the specification of the person to whom the fine of land will go before the fine is levied in a deed. If the deed is executed after the fine, it "declares" the use.
For example, if A, who owns a piece of land, wants to settle his estate on B for life, then on C in tail, and then on D in fee, he would usually covenant to levy a fine and direct that the same shall enure to the uses in such settlement mentioned. This is now a deed to lead the uses of the fine or recovery, and the fine when levied shall enure to the uses so specified, and no other.
This means that the person to whom the fine of land will go is specified before the fine is levied, and the fine will only go to that person and no one else.