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Simple English definitions for legal terms
warrandice
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A quick definition of warrandice:
Term: WARRANDICE
Definition: Warrandice is a legal term used in Scotland. It means that if someone buys land and someone else comes along and says they own it, the person who sold the land has to pay the buyer back. There are two types of warrandice: personal warrandice, which means the person who sold the land and their family have to pay the buyer back, and real warrandice, which means that if the buyer is kicked off the land by someone else, they can get other land as compensation.
A more thorough explanation:
Definition: Warrandice is a legal term used in Scots law. It refers to an obligation to compensate the buyer or grantee of land if someone else proves to have a better claim to the land and takes possession of it. There are two types of warrandice: personal warrandice and real warrandice.
- Personal warrandice: If a person sells a piece of land to someone else and promises personal warrandice, they are agreeing to compensate the buyer if someone else comes forward with a better claim to the land and takes it away from the buyer.
- Real warrandice: If a person sells a piece of land to someone else and promises real warrandice, they are agreeing to transfer ownership of another piece of land to the buyer if someone else comes forward with a better claim to the land and takes it away from the buyer.
For example, if John sells a piece of land to Jane and promises personal warrandice, he is saying that if someone else comes forward with a better claim to the land and takes it away from Jane, he will compensate her for the loss. If John promises real warrandice instead, he is saying that he will transfer ownership of another piece of land to Jane if someone else takes the land he sold her.