Define: Specific Traverse

Specific Traverse
Specific Traverse
Quick Summary of Specific Traverse

A specific traverse is a particular form of legal pleading in which an individual refutes a specific fact or allegation put forth by the opposing party in a lawsuit. It involves a formal proposal to have the disputed point resolved in court. This differs from a general traverse, which denies all the facts stated in the opposing party’s pleading, and a special traverse, which denies one significant fact while offering an explanation or qualification for the denial.

Full Definition Of Specific Traverse

A specific traverse is a formal denial of a factual allegation made by the opposing party’s pleading. It is a type of common traverse, which includes a denial and a formal offer for decision on the disputed point. Smith filed a traverse in response to Allen’s complaint, stating that he did not knowingly provide false information. In a criminal case, a defendant may file a traverse to postpone the trial to a later session or assize. The first example demonstrates the use of a specific traverse in a civil case to refute a specific allegation made by the opposing party. The second example illustrates how a traverse can be employed in a criminal case to delay the trial until a later date.

Specific Traverse FAQ'S

A specific traverse is a legal term used to describe a method of determining the boundaries of a piece of land by measuring and describing its physical features, such as trees, rocks, or buildings.

A specific traverse focuses on specific physical features to determine the boundaries of a property, while a general traverse relies on more abstract measurements and calculations.

A specific traverse may be necessary when there is a dispute or uncertainty regarding the exact boundaries of a property. It can also be used to establish new boundaries for a piece of land.

A licensed land surveyor or a qualified professional with expertise in land surveying is usually responsible for conducting a specific traverse.

The steps involved in a specific traverse typically include researching property records, conducting field measurements, identifying physical features, and preparing a detailed survey report.

Yes, a specific traverse can be a valuable tool in resolving boundary disputes by providing accurate measurements and descriptions of the property’s boundaries.

The duration of a specific traverse can vary depending on the size and complexity of the property. It can range from a few days to several weeks.

Yes, a specific traverse is considered legally binding as it provides an accurate representation of the property’s boundaries based on physical features.

While rare, a specific traverse can be challenged in court if there are valid reasons to believe that the measurements or descriptions provided are inaccurate or misleading.

The cost of a specific traverse can vary depending on various factors, such as the size of the property, the complexity of the boundaries, and the location. It is best to consult with a land surveyor to obtain an accurate cost estimate.

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Disclaimer

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: 17th April 2024.

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