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Legal Definitions - prender

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Definition of prender

Prender refers to a legal right to take or seize something directly, without waiting for it to be formally offered or provided by another party. It signifies an inherent or established right to appropriate a resource or an interest.

  • Example 1: Traditional Hunting and Fishing Rights

    Consider a community that has historically held the right to hunt game and fish in a particular forest and river. This is an example of prender because the community members possess an established right to *take* these natural resources directly from the environment. They do not need to seek permission for each instance or wait for the game or fish to be "offered" to them by a landowner or governing body; their right to appropriate these resources is already recognized.

  • Example 2: Mineral Rights

    A landowner might own the mineral rights beneath their property. This legal entitlement allows them to extract (or lease the right to extract) resources such as oil, natural gas, or coal found underground. This situation demonstrates prender because the landowner has the direct legal authority to *take* these valuable minerals from beneath their land without needing anyone else to "offer" them for extraction. The right to appropriate the minerals is inherent to their ownership of the mineral rights.

  • Example 3: Riparian Water Rights

    A property owner whose land borders a natural stream or river often holds riparian rights. These rights typically allow the owner to draw a reasonable amount of water from the stream for purposes like irrigation, livestock, or domestic use. This illustrates prender because the landowner has a direct and established right to *take* water from the natural watercourse based on their property's location, rather than having to request or purchase each quantity of water from a separate entity or authority.

Simple Definition

Prender is a legal right that allows an individual to take possession of an item. This right is exercised before the item has been formally offered or presented to others.

Justice is truth in action.

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