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Legal Definitions - resumption
Definition of resumption
Resumption refers to the act of taking back possession or control of something that was previously relinquished, lost, or granted to another party. This concept often applies to property, rights, or privileges.
Example 1: Private Property Reclamation
Imagine a situation where a property owner leases a commercial building to a business for a set period. The lease agreement includes a clause stating that if the business fails to pay rent for a specified number of months, the owner has the right to terminate the lease and reclaim the property.
How it illustrates resumption: When the business defaults on rent, the property owner initiates legal action to *resume* possession of the building, effectively taking back control of the property that was temporarily given up under the lease agreement.
Example 2: Governmental Reacquisition of Land
Consider a scenario where a municipal government grants a private company a long-term easement to build and maintain a utility pipeline across public land. The agreement specifies that the government can *resume* full control and ownership of the land if the company fails to maintain the pipeline properly or if the land is required for a critical public infrastructure project, such as a new highway.
How it illustrates resumption: If the company neglects its maintenance duties or the city needs the land for the highway, the government can exercise its right of *resumption*, thereby taking back the rights and control over the public land that were previously granted to the private company.
Example 3: Reclaiming Professional Privileges
A state bar association grants a license to an attorney, allowing them to practice law. The bar's disciplinary rules include provisions for the *resumption* of the license if the attorney is found guilty of serious ethical violations or professional misconduct.
How it illustrates resumption: If the attorney commits a grave breach of professional conduct, the bar association can initiate proceedings for the *resumption* of their law license, effectively taking back the privilege to practice law that was initially granted to them.
Simple Definition
Resumption refers to the act of taking back property, lands, or rights that were previously given up, lost, or granted to another party. Historically, this term also described the retaking by the Crown or other authorities of lands or rights previously given, often due to error or false pretenses.