De warrantia chartae is a legal term that refers to a writ that allows a tenant, who has been enfeoffed with a warranty, to force the feoffor to provide assistance with a plea or defence. If the feoffor fails to do so, they may be required to pay damages and the value of the land if it is recovered against the tenant. This writ was used in cases where the tenant was unable to invoke the warranty in an assize or other legal action. Today, it is still utilised in the form of common recoveries, which are based on a writ of entry. In assises, when the tenant’s title is weak, they may bring a writ of warrantia chartae against the warrantor to compel them to provide a strong plea or defence, or alternatively, to pay damages and the value of the land if it is recovered against the tenant.
De warrantia chartae, a Latin legal term, refers to a writ that enabled a tenant to seek assistance from the feoffor or pay damages and the value of the land if they were sued in an assize or other action. For instance, if John grants land to Mary with a warranty of title, and Mary sells the land to Jane who is later sued by a third party claiming ownership, Jane can use the writ of de warrantia chartae to compel John’s assistance or seek damages and the value of the land if she loses the case. This writ was commonly used in the form of common recoveries, which were based on a writ of entry. In a writ of entry, the tenant would call upon another person to warrant their title. If the tenant’s title was weak, the voucher could be asked to assist with a plea or defence. Failure to do so would result in the voucher having to pay damages and the value of the land if it was recovered against the tenant. These examples demonstrate how the writ of de warrantia chartae protected tenants who were impleaded in an action and unable to rely on the warranty. It allowed them to compel the feoffor’s assistance or seek compensation if they lost the case. This writ played a significant role in safeguarding tenants’ rights and interests during medieval England.
De Warrantia Chartae is a legal doctrine that deals with the warranty of title for a document or instrument.
De Warrantia Chartae protects against any defects in the title of a document or instrument, ensuring that the title is valid and free from any encumbrances.
Under De Warrantia Chartae, the person transferring the document or instrument warrants that they have the legal right to do so and that the title is valid. If any defects are discovered later, the warrantor is liable for any damages caused.
Both the parties involved in the transfer of a document or instrument can benefit from De Warrantia Chartae. The transferee is protected against any defects in the title, while the transferor can provide assurance of the validity of the title.
Yes, De Warrantia Chartae can be waived if both parties agree to do so. However, it is advisable to seek legal counsel before waiving this protection.
If a defect in the title is discovered after the transfer, the warrantor can be held liable for any damages caused. The transferee may have legal recourse to seek compensation or remedy the defect.
De Warrantia Chartae may have limitations depending on the jurisdiction and specific circumstances. It is important to consult with a legal professional to understand the applicability and limitations of this doctrine in your situation.
De Warrantia Chartae can generally be applied to most types of documents or instruments that involve a transfer of title, such as deeds, contracts, or negotiable instruments. However, specific laws and regulations may vary depending on the jurisdiction.
Yes, De Warrantia Chartae can be used in commercial transactions to provide assurance of the validity of the title. It helps protect both parties involved in the transaction.
De Warrantia Chartae may not be recognized in the same form internationally, as legal doctrines and principles can vary across jurisdictions. However, similar concepts of warranty of title exist in many legal systems, providing similar protections.
This site contains general legal information but does not constitute professional legal advice for your particular situation. Persuing this glossary does not create an attorney-client or legal adviser relationship. If you have specific questions, please consult a qualified attorney licensed in your jurisdiction.
This glossary post was last updated: 16th April 2024.
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