A grand cape, also known as a magnum cape, is a legal document used to regain possession of land before a tenant’s court appearance. It grants possession of the land without the tenant’s presence in court. On the other hand, a petit cape or cape parvum is used after the tenant has appeared in court. Both types of cape serve the purpose of recovering land, but they vary in their timing and method of summoning the tenant to address the default.
A grand cape, also known as a magnum cape, is a writ used in legal proceedings to grant possession of land before a tenant’s appearance in court. It is utilised when a landlord wants to regain possession of their property from a tenant who has not paid rent. By filing a grand cape, the landlord can quickly gain possession of the property without waiting for the tenant to appear in court. This is distinct from a petit cape, which is employed to recover land after the tenant has already appeared in court. In summary, a grand cape serves as a legal tool for expeditiously reclaiming land without the need for the tenant’s court appearance.
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This glossary post was last updated: 17th April 2024.
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