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Defeasance

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Defeasance The act of rendering something null and void, or a clause in a deed, lease, will, or other legal document that completely or partially negates the document if a certain condition occurs or fails to occur.

 


Defeasance definition:
A side-contract which contains a condition which, if realized, could defeat the main contract.
A side-contract which contains a condition which, if realized, could defeat the main contract.

Defeasance clauses are found in mortgages in the few states that still follow the common-law theory of mortgages.

Defeasance
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Defeasance:
A side-contract which contains a condition which, if realized, could defeat the main contract.

defeasance
n. an antiquated word for a document which terminates the effect of an existing writing such as a deed, bond or contract if some event occurs.

DEFEASANCE, contracts, conveyancing. An instrument which defeats the force or operation of some other deed or estate. That, which in the same deed is called a condition, in another deed is a defeasance.

Defeasance
Definition - Noun
[Anglo-French defesance, literally, undoing, destruction, from Old French deffesant, present participle of deffaire to destroy, undo see defeat] ...

Defeasance. 10. The inability of one of the parties to fulfill his part. 11. The death of the contractor, as where he undertook to teach an apprentice. 12. Bankruptcy. 13. By the act of limitations. 14. By lapse of time. 15.

Derivative are: release, confirmation, surrender, assignment, defeasance- each of which pre-supposes some other conveyance precedent. 2 Bl. Com. 309, 324.

See also: Law, Property, Term, Attorn, Condition

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