February 28, 2021 at 7:14 pm #2619Glenn JParticipant
ESCHEAT, title to lands. According to the English law, escheat denotes an obstruction of the course of descent, and a consequent determination of the tenure, by some unforeseen contingency; in which case the land naturally results back, by a kind of reversion, to the original grantor, or lord of the fee.. 2 Bl. Com. 244.
2. All escheats, under the English law, are declared to be strictly feudal, and to import the extinction of tenure. Wright on Ten. 115 to 117; 1 Wm. Bl. R. 123.
3. But as the feudal tenures do not exist in this country, there are no private persons who succeed to the inheritance by escheat. The state steps in, in the place of the feudal lord, by virtue of its sovereignty, as the original and ultimate proprietor of all the lands within its jurisdiction. 4 Kent, Com. 420. It seems to be the universal rule of civilized society, that when the-deceased owner has left no heirs, it should vest in the public, and be at the disposal of the government. Code, 10, 10, 1; Domat, Droit Pub. liv. 1, t. 6, s. 3, n. 1. Vide 10 Vin. Ab. 139; 1 Bro. Civ. Law, 250; 1 Swift’s Dig. 156; 2 Tuck. Blacks. 244, 245, n.; 5 Binn. R. 375; 3 Dane’s Ab. 140, sect. 24; Jones on Land Office Titles in Penna. 5, 6, 93. For the rules of the Roman Civil Law, see Code Justinian, book 10.
ESCHEATOR. The name of an officer whose duties are generally to ascertain what escheats have taken place, and to prosecute the claim of the commonwealth for the purpose of recovering the escheated property. Vide 10 Vin. Ab. 158.
March 1, 2021 at 7:51 pm #2632JaebinParticipant
So thats a new one, I would have thought a claim of right would be our adverse claim, there is almost enough to transpose their work from canada ie. PPSA etc…
March 1, 2021 at 8:47 pm #2634QuicktreeParticipant
The interesting part is all in the instructions to the trustee, and to have replevin of the replivy is important too.
Replevin, also known as “claim and delivery,” is an action to recover personal property that was wrongfully taken or detained. Unlike other forms of legal recovery, replevin seeks the return of the actual thing itself, as opposed to money damages (the more commonly-sought after remedy).
recover (seized goods) by replevin.
“he could not replevy the entrusted goods”
March 2, 2021 at 5:30 am #2638:Denis-Peter: House of Rawlinson.Participant
I do have a question regarding ESCHEAT,
Regarding seizure of land and home by fraudulent councils, for failure to pay back owed rates that are unlawful, where the family is cast onto the streets homeless to satisfy a fraudulent debt:
Does that family have the right to escheat, to right a wrong
Particularly if they complete their divergence, returning to the private.
March 2, 2021 at 7:40 am #2639Glenn JParticipant
I don’t have any specific advise in relation to that.. I don’t know if you have watched the videos on the You Tube channel, but Darren does say that restitution is possible, even so far as removing the existing tenants and restoring your title.
Since this is a mostly unknown action, it would be difficult to answer with specifics, but the early signs are promising.
March 2, 2021 at 9:37 pm #2640:Denis-Peter: House of Rawlinson.Participant
Thanks for the reply:
but I am not suppose to talk to people, as I received a warning, my membership does not allow that, so sorry wont happen again.
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