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Simple English definitions for legal terms
litis denuntiatio
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A quick definition of litis denuntiatio:
Term: LITIS DENUNTIATIO
Definition: Litis denuntiatio is a legal process in which a person who has bought land and is being sued by a third party for possession of the land, notifies the seller of the land and demands help in defending the lawsuit under the seller's warranty of title. This means that the buyer is asking the seller to help them because the seller promised that they had the right to sell the land. It is important to note that litis denuntiatio is a civil law term.
A more thorough explanation:
LITIS DENUNTIATIO
Litis denuntiatio is a legal process in civil law where a person who has purchased land and is being sued for possession of the land by a third party, notifies the land seller and demands aid in defending the suit under the seller's warranty of title.
For example, if John buys a piece of land from Jane and later someone else claims that they are the rightful owner of the land, John can use litis denuntiatio to notify Jane and demand her help in defending the lawsuit. This is because Jane had given John a warranty of title when he purchased the land from her.
Another example could be if a company purchases a property and later discovers that there is an easement on the property that was not disclosed during the sale. The company can use litis denuntiatio to notify the seller and demand their help in defending any legal action related to the easement.
These examples illustrate how litis denuntiatio is used to protect the buyer's rights and ensure that the seller fulfills their warranty of title.