Simple English definitions for legal terms
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Real Warrandice: Real warrandice is a legal agreement where a person who sells land promises to give the buyer another piece of land if someone else claims ownership of the land they just bought. This is like a security or insurance for the buyer in case they lose the land they bought to someone else.
Definition: Real warrandice is a legal term used in Scots law. It refers to an obligation by which certain lands are made over as security for lands conveyed to the grantee. If the grantee is evicted from the conveyed lands by a third party, the lands made over as security will be transferred to the grantee.
Real warrandice is a type of indemnity that protects the grantee or buyer of land if another person establishes a superior title and takes possession. It is different from personal warrandice, which is an obligation to indemnify that binds the grantor and the grantor's heirs.
These examples illustrate how real warrandice works in practice. It is a legal mechanism that provides protection to buyers of land in Scotland, ensuring that they are not left out of pocket if someone else claims ownership of the property.