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Privilegium Minus

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76-511: The Privilegium Minus was a deed issued by Holy Roman Emperor Frederick Barbarossa on 17 September 1156. It included the elevation of the Bavarian frontier march of Austria ( Ostarrîchi ) to a duchy , which was given as an inheritable fief to the House of Babenberg . The name is opposed to the 14th century Privilegium Maius , which was a forgery drawn up at the behest of

152-426: A bargain and sale deed , implies that the grantor has the right to convey title but makes no warranties against encumbrances. This type of deed is most commonly used by court officials or fiduciaries that hold the property by force of law rather than title, such as properties seized for unpaid taxes and sold at sheriff's sale , or an executor . A so-called quitclaim deed is (in most jurisdictions) actually not

228-419: A 'property register'. Title deeds are documents showing ownership, as well as rights, obligations, or mortgages on the property. Since around 2000, compulsory registration has been required for all properties mortgaged or transferred. The details of rights, obligations, and covenants referred to in deeds will be transferred to the register, a contract describing the property ownership. The main difference between

304-482: A deed "executed by a stranger to the record title hung out in the air like Mahomet's coffin". Mahomet is an archaic spelling of Muhammad . There is a legend that the Prophet Muhammad's coffin was suspended without visible support from the ceiling of his tomb, just as a wild deed just hangs there, not touching the chain of title. Blockchain technology has emerged with the potential to innovate and support

380-425: A deed and an agreement is that the deed is generally signed by only one person / party. Examples of a deed are deeds of hyphenation for creating charge on movable properties in favor of the banks/financial institutions etc. An agreement by its name suggests that there should be at least two parties signing/approving the same. Examples of an agreement are agreement to sale, loan agreement etc. At common law, ownership

456-438: A deed at all—it is actually an estoppel disclaiming rights of the person signing it to property. In some jurisdictions, a deed of trust is used as an alternative to a mortgage . A deed of trust is not used to transfer property directly. It is commonly used in some states — California, for example — to transfer title to land to a “trustee”, usually a trust or title company, which holds the title as security ("in escrow ") for

532-591: A deed is any legal instrument in writing which passes, affirms or confirms an interest , right , or property and that is signed, attested, delivered, and in some jurisdictions , sealed . It is commonly associated with transferring ( conveyancing ) title to property . The deed has a greater presumption of validity and is less rebuttable than an instrument signed by the party to the deed. A deed can be unilateral or bilateral. Deeds include conveyances , commissions , licenses , patents , diplomas , and conditionally powers of attorney if executed as deeds. The deed

608-454: A deed must meet several requirements: Under the law of England and Wales , a deed may be delivered or otherwise handled in one of three ways: Deeds delivered unconditionally are irrevocable. Section 46(2) of the UK's Companies Act 2006 states that a document executed as a deed by a company is presumed to be delivered upon execution, but this presumption can be rebutted if a contrary intention

684-688: A deed would in real estate transactions" While instances like the house sales in South Carolina and Florida have demonstrated the practical application of NFTs functioning like land deeds in real estate, the legal framework surrounding such transactions remains in a state of development. As of now, the use of blockchain and NFTs to serve a deed-like purpose, as in real estate, operates in a legal gray area, with no direct legal statutes explicitly supporting or regulating this method of property transfer. This emerging field continues to evolve, with legal experts, industry stakeholders, and legislators examining

760-557: A few weeks later his nephew Frederick was elected King of the Romans , probably with the support of late Henry the Proud's son Henry the Lion . The young king and Henry the Lion were cousins through Frederick's mother Judith of Bavaria , sister of Henry the Proud. Frederick prepared for a campaign to Rome to be crowned Holy Roman Emperor and in order to gain military support wished to end

836-627: A large territory along the Leine river in Eastphalia, where he and Bishop Altfrid of Hildesheim founded Gandersheim Abbey in 852. Liudolf became the progenitor of the Saxon ducal, royal and imperial Ottonian dynasty ; nevertheless his descendance, especially his affiliation with late Duke Widukind, has not been conclusively established. Subdued only a few decades earlier, the Saxons rose to one of

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912-549: A loan. When the loan is paid off, title is transferred to the borrower by recording a release of the obligation, and the trustee's contingent ownership is extinguished. Otherwise, upon default, the trustee will liquidate the property with a new deed and offset the lender's loss with the proceeds. Sanad , also spelt as sunnud , was a deed granted to the rulers of native princely states in British India confirming them in their ruling position in return for their allegiance to

988-430: A property is held in concurrent estate such as "joint tenants with right of survivor-ship" (JTWROS) or "tenants by the entirety". In each case, the title to the property immediately and automatically vests in the named survivor(s) upon the death of the other tenant(s). In most states joint tenancy with the right of survivor-ship requires all owners to have equal interests in the property, meaning upon sale or partition of

1064-498: A specialty is enforceable without consideration . In some jurisdictions, specialties have a liability limitation period of double that of a simple contract and allow for a third party beneficiary to enforce an undertaking in the deed, thereby overcoming the doctrine of privity . Specialties, as a form of contract, are bilateral and can therefore be distinguished from covenants , which, being also under seal, are unilateral promises. At common law , to be valid and enforceable,

1140-407: Is called a wild deed. The general rule is that a subsequent purchaser is not held to have constructive notice of a wild deed. In the example, Cooper's title is unprotected against subsequent good faith purchasers. Suppose Atwood were to fraudulently sell the same property to another person, Dunn. A court would rule that Dunn has good title to the property, not Cooper. A wild deed has been described as

1216-475: Is much easier and cheaper to administer, lowering transaction costs. Some Australian properties are still conveyed using a chain of title deeds – usually properties that have been owned by the same family since the nineteenth century – and these are often referred to as 'Old System' deeds. A deed that is recorded, but is not connected to the chain of title of the property, is called a wild deed . A wild deed does not provide constructive notice to later purchasers of

1292-435: Is proved. Conditions attached to the acceptance of a deed are known as covenants . A deed indented or indenture is one executed in two or more parts according to the number of parties, which were formerly separated by cutting in a curved or indented line known as the chirograph. A deed poll is one executed in one part, by one party, having the edge polled or cut even, and includes simple grants and appointments. In

1368-463: Is the modern descendant of the medieval charter , and delivery is thought to symbolically replace the ancient ceremony of livery of seisin . The traditional phrase signed, sealed and delivered refers to the practice of using seals; however, attesting witnesses have replaced seals to some extent. Agreements under seal are also called contracts by deed or specialty ; in the United States,

1444-423: Is the right to use, possess and enjoy the property for a period of time measured by the natural life of a person or persons. When all life tenants are dead, the remainder-man holds full title. When deeds are taken as joint tenants with rights of survivor-ship (JTWROS) or joint tenants in common (TIC), any co-owner can file a petition for partition to dissolve the tenancy relationship. JTWROS deed holders always take

1520-633: The British Raj . Since the extinction of the royal bloodline would be a ground for annexation of a principality by the British, some rulers were also granted sanads of adoption. Devised as a reward for loyalty to British rule in India, especially after the Indian rebellion of 1857 , such deeds gave a ruler the right to adopt chosen heirs from local noble families in case of lack of direct issue. Among

1596-653: The Habsburg duke Rudolf IV of Austria . The recipient of the Privilegium Minus was Frederick's paternal half-uncle, the Babenberg margrave Henry II Jasomirgott . In addition to the elevation of his margraviate , the emperor determined that inheritance should also be possible through the female line of the ducal family. In the absence of children, the duke was allowed to designate a successor ( libertas affectandi ). However, this extraordinary privilege

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1672-692: The House of Ascania , while numerous territories split from Saxony, such as the Principality of Anhalt in 1218 and the Welf Duchy of Brunswick-Lüneburg in 1235. In 1296, the remaining lands were divided between the Ascanian dukes of Saxe-Lauenburg and Saxe-Wittenberg , the latter obtaining the title of Electors of Saxony by the Golden Bull of 1356 . The Saxon stem duchy covered the greater part of present-day Northern Germany , including

1748-750: The Privilegium Minus document is to be seen within the context of the conflict that pitted the Imperial House of Hohenstaufen against the ducal House of Welf in the Holy Roman Empire . In 1138 Emperor Frederick's uncle and predecessor, King Conrad III of Germany had deposed the reluctant Bavarian duke Henry the Proud and had enfeoffed his duchy to the Austrian margrave Henry Jasomirgott. King Conrad died in February 1152 and

1824-500: The Third Crusade , Henry returned to Brunswick in 1189 and briefly tried to regain the lost lands. After several setbacks, Henry made peace with Barbarossa's son and heir, King Henry VI, Holy Roman Emperor . The ancient stem duchy of Saxony was partitioned in some dozens of territories of imperial immediacy by Barbarossa, and ceased to exist. The western part was split amongst several minor counties and bishoprics, as well as

1900-431: The recorder of deeds , who acts as a cadastre, to be registered. An unrecorded deed may be valid proof of ownership between the parties, but may have no effect upon third-party claims until disclosed or recorded. A local statute may prescribe a period beyond which unrecorded deeds become void as to third parties, at least as to intervening acts. Ownership transfer may also be crafted within deeds to pass by demise, as where

1976-662: The Babenberg Austria was inheritable by female lines, two rival candidates emerged after the last male Babenberg Frederick II, Duke of Austria , Styria and Carinthia died in 1246. The Pragmatic Sanction of 1713 was partially based on provisions of the Privilegium Minus of Austria. Although not given to the Habsburgs but to the Babenbergs, it anyway allowed female heirs to succeed in Austria, and it designated to

2052-637: The Bear. During Barbarossa's fourth Italian campaign in 1166, a league of German Nobles declared war on Henry. The war continued until 1170, despite several attempts of the Emperor to mediate. Ultimately, Henry's position remained unchallenged, due to Barbarossa's favourable rule. In 1168, Henry married Matilda Plantagenêt , the daughter of Henry II of England and Eleanor of Aquitaine and sister of Richard Lionheart . The following years led to an estrangement between Barbarossa and Henry. Henry ceased to support

2128-613: The Duke the right to name a successor in absence of heirs. It led to the War of Austrian Succession . Blackwell, Basil, Source for the History of Medieval Europe (1966), pp. 160–164. English translation of text of document. https://avalon.law.yale.edu/medieval/austria.asp Deed A deed is a legal document that is signed and delivered, especially concerning the ownership of property or legal rights. Specifically, in common law ,

2204-665: The East Frankish Carolingian dynasty went extinct with the death of King Louis the Child , whereafter the dukes of Saxony, Swabia and Bavaria met at Forchheim to elect the Conradine duke Conrad I of Franconia king. One year later, Otto's son Henry the Fowler succeeded his father as Duke of Saxony. According to the medieval chronicler Widukind of Corvey , King Conrad designated Henry his heir, thereby denying

2280-477: The Emperor's Italy campaigns, which were all proven unsuccessful, as massively as he used to, and instead focused on his own possessions. In 1175 Barbarossa again asked for support against the Lombard League , which Henry is said to have refused bluntly, even though Barbarossa kneeled before him. Records of this event were not written until several years later, and sources are contradictory, depending on whom

2356-647: The English origin myth where Saxon tribes from the region, under the leadership of legendary brothers Hengist and Horsa , invade post-Roman Britannia. (see Anglo-Saxon settlement of Britain ). The Royal Frankish Annals mention a 743 Frankish campaign led by the Carolingian Mayor of the Palace Carloman against the Saxons, followed by a second expedition together with his brother Pepin the Short

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2432-648: The Frankish rulers. His position was strong enough to wed Hedwiga of the Babenberg , daughter of mighty Duke Henry of Franconia , princeps militiae of King Charles the Fat . As all of Hedwiga's brothers were killed in the Franconian Babenberg feud with the rivalling Conradines , Otto was able to adopt the strong position of his father-in-law and to evolve the united Saxon duchy under his rule. In 911,

2508-600: The Holy Roman Empire , led by Duke Vladislaus II of Bohemia , was raised to the status of a duchy. Frederick thereby avoided the degradation of Henry Jasomirgott to the rank of a margrave, which would have lacked any explanation and furthermore would have exposed Henry Jasomirgott to persecution by the Welfs. On the other hand, Henry the Lion only received a diminished Bavarian duchy and Henry Jasomirgott's right of libertas affectandi would prevent any succession of

2584-566: The House of Welf in Austria. Disappointed, Henry the Lion turned to his Saxon estates in Northern Germany. Frederick prevailed, settling the long-time conflict, keeping the Welfs covered and securing support by the House of Babenberg. Only much later, the document turned out to be the founding act for what was to become a nation . 1156 is therefore sometimes given as Austria's date of independence, which it gained from Bavaria. Because

2660-701: The Lion. He finally was able to hold a secret meeting with Henry Jasomirgott on 5 June 1156 near the Bavarian capital Regensburg . After the conditions were fixed, the emperor called for another diet in Regensburg on 8 September, where the Babenberger officially renounced the Bavarian duchy, which passed to the Welf Henry the Lion. To make up for the loss, Austria with the explicit consent by the Princes of

2736-485: The Saxon territories in Westphalian, Eastphalian , Angrian , and Nordalbingian tribes, demanding the conclusion of specific peace agreements with single tribes, which soon were to be broken by other clans. The Saxons devastated the Frankish stronghold at Eresburg ; their leader ( Herzog ) Widukind refused to appear at the 777 diet at Paderborn , retired to Nordalbingia and afterwards led several uprisings against

2812-427: The author favoured. Nevertheless, lacking the support of the Saxons the following Battle of Legnano was a complete failure for the Emperor. When the majority of the realm's princes had returned from Italy, Henry's refusal was instantly exploited to weaken his position. Views differ, whether Barbarossa initiated Henry's downfall or if it was orchestrated by the princes first and foremost. Between 1175 and 1181, Henry

2888-467: The brothers Albert III, Eric I and John II, and Saxe-Wittenberg ( German : Herzogtum Sachsen-Wittenberg ), ruled by Albert II, took place before September 20, 1296. The Vierlande , Sadelbande (Land of Lauenburg), the Land of Ratzeburg , the Land of Darzing (today's Amt Neuhaus ), and the Land of Hadeln are all mentioned as the separate territory of the brothers. Albert II received Saxe-Wittenberg around

2964-402: The city of Goslar , which he had coveted for several years already. During the following war, Henry's domestic policy and the treatment of his vassals proved fatal, and his power quickly crumbled. In 1182, Henry the Lion ultimately went into exile, joining the court of his father-in-law, Henry II of England. Following the death of his wife and also of the Emperor, the latter while participating in

3040-522: The conflict he had inherited from his uncle. He called for a diet at Würzburg —however, Henry Jasomirgott, who anticipated the king's intentions, did not appear under the pretext that he had not been duly summoned. After several attempts to make an arrangement, Frederick left for Italy and was crowned Emperor on 18 June 1155. Back in Germany, Frederick resolved upon returning the Duchy of Bavaria to Henry

3116-573: The east settled by Polabian Slavs . Henry's eastern campaigns to Brandenburg and Meissen , the establishment of Saxon marches as well as the surrender of Duke Wenceslaus of Bohemia marked the beginning of the German eastward expansion ( Ostsiedlung ). In 1142, King Conrad III of Germany granted the ducal title to the Welf scion Henry the Lion (as Duke Henry III). Henry gradually extended his rule over northeastern Germany, leading crusades against

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3192-614: The emperor, who in 811 fixed the Treaty of Heiligen with King Hemming of Denmark , defining the northern border of the Empire along the Eider River. Among the installed dukes were already nobles of Saxon descent, like Wala's successor Count Ekbert, husband of Saint Ida of Herzfeld , a close relative of Charlemagne. Ida of Herzfeld may have been an ancestor of the Saxon count Liudolf (d. 866), who married Oda of Billung and ruled over

3268-751: The enfeoffment of his son and heir Duke Rudolph I with the Palatinate of Saxony , which ensued a long-lasting dispute with the eager clan of the House of Wettin . When the County of Brehna was reverted to the Empire after the extinction of its comital family, the king enfeoffed Duke Rudolph. In 1290, Albert II gained the County of Brehna and in 1295 the County of Gommern for Saxony. King Wenceslaus II of Bohemia succeeded in bringing Albert II in favour of electing Adolf of Germany , as new emperor (Albert II signed an elector pact on 29 November 1291 that he would vote

3344-622: The eponymous city and Belzig . Albert II thus became the founder of the Ascanian line of Saxe-Wittenberg. Members of the Welf cadet branch House of Hanover later became prince-electors of the Hanover (as of 1692/1708), kings of Great Britain , Ireland (both 1714), the United Kingdom (1801), and the Hanover (1814). A number of seceded territories even gained imperial immediacy , while others only changed their liege lord on

3420-530: The full scope of legal authority and personal verification typically associated with notarial services. Nevertheless, proposals exist to further develop blockchain infrastructure, potentially expanding its use as a notarial mechanism in certain applications. The New York State Bar Association has stated that blockchain technology can be employed "to hold and secure records to land deeds" John Morton, attorney at Pillsbury Winthrop Shaw Pittman told Fortune Magazine that NFTs "operate "in many respects exactly like

3496-470: The function of deeds in specific contexts. By design, blockchains contain an immutable ledger of transactions, recording transfers of information among users. Within this system, a particular type of transferable object, known as a non-fungible token (NFT) , can be created. These NFTs are unique, verifiable, and protected against arbitrary tampering, thanks to the immutable nature of the blockchain. By incorporating metadata (additional information embedded in

3572-463: The implications and potential need for regulatory measures. The future of NFTs as a deed or similar vehicle of property rights, therefore, represents a dynamic intersection of technology, law, and property rights, warranting close observation and study as it progresses. Duchy of Saxony The Duchy of Saxony ( Low German : Hartogdom Sassen ) was originally the area settled by the Saxons in

3648-457: The improvements actually added substantial value to the property. In the United States, a pardon of the President was once considered to be a deed and thus needed to be accepted by the recipient. This made it impossible to grant a pardon posthumously. However, in the case of Henry Ossian Flipper , this view was altered when President Bill Clinton pardoned him in 1999. Germany operates

3724-403: The land to Cooper, and Cooper records her deed. But because the previous deed (the deed from Atwood to Burns) was not recorded, Cooper's deed is outside the chain of title. In a title search, someone looking up Atwood's name in the grantor index would find no indication that Atwood conveyed the property, and nothing would lead the searcher to Cooper's deed." A deed that is outside the chain of title

3800-598: The late Early Middle Ages , when they were subdued by Charlemagne during the Saxon Wars from 772 AD and incorporated into the Carolingian Empire ( Francia ) by 804. Upon the 843 Treaty of Verdun , Saxony was one of the five German stem duchies of East Francia ; Duke Henry the Fowler was elected German king in 919. Upon the deposition of the Welf duke Henry the Lion in 1180, the ducal title fell to

3876-771: The leading tribes in East Francia ; it is however uncertain if the Ottonians already held the ducal title in the ninth century. Liudolf's elder son Bruno (Brun), progenitor of the Brunswick cadet branch of the Brunonen , was killed in a battle with invading Vikings under Godfrid in 880. He was succeeded by his younger brother Otto the Illustrious (d. 912), mentioned as dux in the contemporary annals of Hersfeld Abbey , which, however, seems to have been denied by

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3952-606: The modern German states ( Länder ) of Lower Saxony and Saxony-Anhalt up to the Elbe and Saale rivers in the east, the city-states of Bremen and Hamburg , the Westphalian part of North Rhine-Westphalia , and the Holstein region ( Nordalbingia ) of Schleswig-Holstein . In the late 12th century, Duke Henry the Lion also occupied the adjacent area of Mecklenburg (the former Billung March ). The Saxons were one of

4028-665: The most robust groups in the late tribal culture of the times, and eventually bequeathed their tribe's name to a variety of more and more modern geopolitical territories, such as Old Saxony ( Altsachsen ), Upper Saxony , the Electorate , the Prussian Province of Saxony (in present-day Saxony-Anhalt), and the Kingdom of Saxony , the latter corresponding with the German Free State of Saxony , which bears

4104-515: The name Saxony from north-western Germany to the location of the modern Free State of Saxony . The deposed ducal House of Welf could maintain its allodial possessions, which did not remain as part of the Duchy of Saxony after the enfeoffment of the Ascanians. The Welf possessions were elevated to the Duchy of Brunswick-Lüneburg (also Brunswick and Lunenburg) in 1235. This duchy continued to use

4180-591: The name today, despite its territory not having been part of the medieval duchy (see map on the right). According to the Res gestae saxonicae by tenth century chronicler Widukind of Corvey , the Saxons had arrived from Britannia at the coast of Land Hadeln in the Elbe-Weser Triangle , called by the Merovingian rulers of Francia to support the conquest of Thuringian kingdom, a seeming reversal of

4256-412: The newly formed Duchy of Westphalia . In the east, the Ascanians, the Welf's old rivals, finally gained a severely belittled Duchy of Saxony, occupying only the easternmost, comparably small, territories along the river Elbe around Lauenburg upon Elbe and around Wittenberg upon Elbe . Limiting the lands the Ascanians gained along with the ducal title to these eastern territories caused the migration of

4332-404: The next year. In 747 their rebellious brother Grifo allied with Saxon tribes and temporarily conquered the stem duchy of Bavaria . Pepin, Frankish king from 750, again invaded Saxony and subdued several Westphalian tribes until 758. In 772, Pepin's son Charlemagne started the final conquest of the Saxon lands. Though his ongoing campaigns were successful, he had to deal with the fragmentation of

4408-431: The object), NFTs can be tailored to reference and represent a wide range of assets in both digital and physical worlds. The blockchain’s immutability, proof of transfer and data transparency (information on the blockchain is generally publicly available to view) provide functions akin to those of a notary, such as ensuring the integrity and permanence of records. However, it is important to recognize that it does not replicate

4484-552: The occupants, avenged by Charlemagne at the Massacre of Verden in 782. Widukind allegedly had to pledge allegiance in 785, having himself baptised and becoming a Frankish count. Saxon uprisings continued until 804, when the whole stem duchy had been incorporated into the Carolingian Empire. Afterwards, Saxony was ruled by Carolingian officials, e.g. Wala of Corbie (d. 836), a grandson of Charles Martel and cousin of

4560-410: The old Saxon coat-of-arms showing the Saxon Steed in argent on gules , while the Ascanians adopted for the younger Duchy of Saxony their family colours, a barry of ten, in sable and or , covered by a crancelin of rhombs bendwise in vert , symbolising the Saxon dukedom. In 1269, 1272, and 1282 the co-ruling brothers John I and Albert II gradually divided their governing competences within

4636-418: The pagan Wends . During his reign, Henry massively supported to the development of the cities in his dominion, such as Brunswick , Lüneburg and Lübeck , a policy ultimately contributing to the movement of the House of Welf from its homelands in southern Germany to the north. In 1152, Henry supported his cousin Frederick III of Swabia , to be elected King of Germany (as Frederick I Barbarossa), likely under

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4712-546: The promise of granting the Duchy of Bavaria back to Henry. Henry's dominion now covered more than two thirds of Germany, from the Alps to the North Sea and the Baltic Sea , making him one of the mightiest rulers in central Europe, and thus also a potential threat for other German princes and even Barbarossa. To expand his rule, Henry continued to claim titles of lesser families, who left no legitimate heir. This policy caused unrest among many Saxon nobles and other German princes, first and foremost his father's old enemy, Albrecht

4788-408: The property in equal shares; therefore, if the partnership is dissolved through partition, the proceeds must be equally distributed between all of the co-owners without regard to how much each co-owner contributed to the purchase price of the property. No credits would be allowed for any excess contributions to the purchase price. For example, if A and B co-own property as JTWROS and A contributed 80% of

4864-403: The property, all owners would receive an equal distribution of the proceeds. Joint ownership may also be by tenants in common (TIC). In some states, joint ownership is presumed to be as tenants in common unless the parties are married and the deed so states or the deed sets for joint tenants with right of survivor-ship. Upon death, the decedent's share passes to his or her estate. A life estate

4940-416: The property, because subsequent bona fide purchasers cannot reasonably be expected to locate the deed while investigating the chain of title to the property. Haupt has stated that Because title searching relies on the grantor/grantee indexes, it's possible that a deed won't be discovered even though it was recorded. "Example: Atwood sells his land to Burns, but Burns does not record his deed. Burns later sells

5016-487: The purchase price, A and B would still receive equal distributions upon partition. On the other hand, TIC deed holders may be granted at partition a credit for unequal contributions to purchase price. During either partition, credits may be awarded to any co-owner who may have contributed in excess of his share to the property expenses after taking deed to the property. Credits may be allowed for utilities and maintenance; however, credits for improvements may not be allowed unless

5092-408: The rulers that were given sanads of adoption, Takht Singh , Jaswant Singh of Bharatpur , as well as the rulers of Nagod State , Samthar State and the Chaube Jagirs are worth mentioning. The main clauses of a deed of conveyance are: Usually the transfer of ownership of real estate is registered at a cadastre in the United Kingdom. In most parts of the United States, deeds must be submitted to

5168-405: The same as Wenceslaus). On April 27, 1292, Albert II, with his nephews still minor, wielded the Saxon electoral vote , electing Adolf of Germany. The last document mentioning the joint government of Albert II with his nephews as Saxon fellow dukes dates back to 1295. The definite partitioning of the Duchy of Saxony into Saxe-Lauenburg ( German : Herzogtum Sachsen-Lauenburg ), jointly ruled by

5244-414: The succession of his own brother Eberhard of Franconia , and in 919 the Saxon duke was elected King of East Francia by the assembled Saxon and Franconian princes at Fritzlar . Henry was able to integrate the Swabian, Bavarian and Lotharingian duchies into the imperial federation, vital to handle the continuous attacks by Hungarian forces, whereby the Saxon troops about 928/929 occupied large territories in

5320-400: The then three territorially unconnected Saxon areas (Hadeln, Lauenburg, and Wittenberg), thus preparing a partition. After John I had resigned in 1282 in favour of his three minor sons Eric I , John II and Albert III , followed by his death three years later, the three brothers and their uncle Albert II continued the joint rule in Saxony. In 1288, Albert II applied to King Rudolph I for

5396-406: The transfer of real estate, a deed conveys ownership from the old owner (the grantor) to the new owner (the grantee), and can include various warranties . The precise name and nature of these warranties differ by jurisdiction. Often, however, the basic differences between them is the degree to which the grantor warrants the title. The grantor may give a general warranty of title against any claims, or

5472-409: The warranty may be limited to only claims which occurred after the grantor obtained the real estate. The latter type of deed is usually known as a special warranty deed . While a general warranty deed was normally used for residential real estate sales and transfers, special warranty deeds are becoming more common and are more commonly used in commercial transactions. A third type of deed, known as

5548-463: Was bound to the persons of Henry Jasomirgott and his wife Theodora Komnene ( dux Austrie patruus noster et uxor eius ) for life, as both had no children and Henry's brothers Otto I of Freising and Conrad I of Passau had chosen ecclesiastical careers. The emperor reserved for himself the act of enfeoffment but would respect Henry's choice. The duke's duty to attend the Imperial Diet

5624-465: Was charged with several accusations, such as violating the honour of the realm (honor imperii), breach of the peace, and treason. If he were to follow the summons to the Hoftag , Henry would've acknowledge the charges as rightful, and therefore refused all summons. In 1181, he was ultimately stripped of his titles. Unwilling to give up without a fight, Henry already had dealt the first blow in 1180 against

5700-501: Was limited to those cases where it convened within the Bavarian lands ( ad curias, quas imperator prefixerit in Bavaria ), which saved costly traveling throughout the Empire. Also, Austria was henceforth only required to provide troops to the emperor in wars in its vicinity ( in regna vel provincias Austrie vicinas ). Henry Jasomirgott was obliged to further on discharge his traditional duties as former margrave . The issue of

5776-573: Was proven via an unbroken chain of title deeds. The Torrens title system is an alternative way of proving ownership. First introduced in South Australia in 1858 by Sir Robert Torrens and adopted later by the other Australian states and other countries, ownership under Torrens title is proven by possession of a certificate of title and the corresponding entry in the property register. This system removes risks associated with unregistered deeds and fraudulent or otherwise incorrect transactions. It

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