In the past, the court would grant a licentia surgendi to a tenant in a real action who asserted their inability to attend court due to illness. This permission or writ allowed the tenant to leave their bed and attend court. However, if the tenant made a false claim of illness, they risked losing the case automatically. It is important to note that this term is no longer employed in contemporary legal practice.
Licentia surgendi, a legal term meaning “licence to arise,” refers to a court-issued permission or writ that allows a tenant in a real action to leave their bed and appear in court. This permission is granted after the tenant previously pleaded inability to appear due to illness that confined them to bed. If the tenant falsely claimed illness, they could lose the case by default. For instance, if a tenant was sued for non-payment of rent and claimed to be too sick to attend court, they could be granted a licentia surgendi to leave their bed and attend the court hearing. However, if it was discovered that the tenant was not genuinely ill and had lied to avoid appearing in court, they could lose the case by default.
Licentia Surgendi is a Latin term that refers to the right to rise or stand up.
Yes, Licentia Surgendi is a legal term that is often used in the context of property law.
In property law, Licentia Surgendi refers to the right of a landowner to build structures on their property that may obstruct the view of neighboring properties.
Yes, local zoning laws can restrict the exercise of Licentia Surgendi in certain areas or for certain types of structures.
Yes, Licentia Surgendi can be waived or transferred to another party through a legal agreement or contract.
If a landowner exercises their Licentia Surgendi rights in a way that harms neighboring properties, they may be liable for damages or may be required to modify or remove the offending structure.
No, Licentia Surgendi does not exempt a landowner from complying with building codes or safety regulations.
No, Licentia Surgendi does not exempt a landowner from complying with environmental regulations.
No, Licentia Surgendi does not exempt a landowner from complying with the terms of a homeowners’ association agreement.
No, Licentia Surgendi does not exempt a landowner from complying with the terms of a lease agreement.
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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