limitation

Restriction or circumspection; settling an estate or property. A certain time allowed by a statute for bringing litigation (see statute of limitations, below).

The provisions of state constitution are not a "grant" but a "limitation" of legislative power. Ellerbe v. David, 193 S.C. 332, 8 S.E.2d 518, 520; Mulholland v. Ayers, 109 Mont. 558, 99 P.2d 234, 239.

See also proviso

Corporations.

Under statute providing that all corporations expiring by their own "limitation" shall for certain purposes be continued as bodies corporate for a term of three years, the word "limitation" is an act of limiting, a restriction of power, a qualification. Porter v. Tempa Min. & Mill. Co., 59 Nev. 332, 93 P.2d 741, 743.

Estates.

The restriction or circumscription of an estate, in the conveyance by which it is granted, in respect to the interest of the grantee or its duration. The specific curtailment or confinement of an estate, by the terms of the grant, so that it cannot endure beyond a certain period or a designated contingency. A "limitation" on a grant determines an estate upon the happening of the event itself without the necessity of doing any act to regain the estate, such as re-entry. Gulf Production Co. v. Continental Oil Co., Tex., 132 S.W.2d 553, 563.

A limitation, whether made by the express words of the party or existing in intendment of law, circumscribes the continuance of time for which the property is to be enjoyed, and by positive and certain terms, or by reference to some event which possibly may happen, marks the period at which the time of enjoyment shall end.

@ collateral limitation

One which gives an interest in an estate for a specified period, but makes the right of enjoyment to depend on some collateral event, as an estate to A. till B. shall go to Rome.

@ conditional limitation

A condition followed by a limitation over to a third person in case the condition be not fulfilled or there be a breach of it. A conditional limitation is where an estate is so expressly defined and limited by the words of its creation that it cannot endure for any longer time than till the contingency happens upon which the estate is to fail.

Between conditional limitations and estates depending on conditions subsequent there is this difference: that in the former the estate determines as soon as the contingency happens; but in the latter it endures until the grantor or his heirs take advantage of the breach. A conveyance of an estate in fee, subject to this limitation, passes the grantor's whole interest at once and creates an estate to arise and vest in a third person on contingency at a future uncertain time. Roadcap v. County School Bd. of Rockingham County, 194 Va. 201, 72 S.E.2d 250, 254.

In landlord and tenant law, a provision in a lease which gives a landlord added protection by enabling the landlord to end the term before its natural expiration date. Varela v. Miller, 204 Misc. 88, 120 N.Y.S.2d 688, 690.

Such exists, for example, when lease provides that it shall terminate upon the happening of an event without any further election, entry, or re-entry. Pisarek v. Sikora, 29 Misc.2d 457, 216 N.Y.S.2d 202, 203.

@ contingent limitation

When a remainder in fee is limited upon any estate which would by the common law be adjudged a fee tail, such a remainder is valid as a contingent limitation upon a fee, and vests in possession on the death of the first taker without issue living at the time of his death

@ limitation in law

A limitation in law, or an estate limited, is an estate to be holden only during the continuance of the condition under which it was granted, upon the determination of which the estate vests immediately in him in expectancy

@ limitation over

This term includes any estate in the same property created or contemplated by the conveyance, to be enjoyed after the first estate granted expires or is exhausted. Lane v. Citizens & Southern Nat. Bank, 195 Ga. 828, 25 S.E.2d 800, 802, 803.

Thus, in a gift to A. for life, with remainder to the heirs of his body, the remainder is a "limitation over" to such heirs

@ limitation title

Full title, precluding all claims. Free v. Owen, 131 Tex. 281, 113 S.W.2d 1221, 1224.

@ special limitation

A qualification serving to mark out the bounds of an estate, so as to determine it ipso facto in a given event, without action, entry, or claim, before it would, or might, otherwise expire by force of, or according to, the general limitation.

@ title by limitation

A prescriptive title; one which is indefeasible because of the expiration of the time prescribed by the statute of limitations for the bringing of actions to test or defeat it. Words of limitation. In a conveyance or will, words which have the effect of marking the duration of an estate are termed "words of limitation." Thus, in a grant to A. and his heirs, the words "and his heirs" are words of limitation, because they show that A. is to take an estate in fee-simple and do not give his heirs anything. Summit v. Yount, 109 Ind. 506, 9 N.E. 582

@ limitation of actions

See statute of limitations, below

@ limitation of assize

In old practice, a certain time prescribed by statute, within which a man was required to allege himself or his ancestor to have been seized of lands sued for by a writ of assize. Statute of limitations. Statutes of the federal government and various states setting maximum time periods during which certain actions can be brought or rights enforced. After the time period set out in the applicable statute of limitations has run, no legal action can be brought regardless of whether any cause of action ever existed. A statute prescribing limitations to the right of action on certain described causes of action or criminal prosecutions; that is, declaring that no suit shall be maintained on such causes of action, nor any criminal charge be made, unless brought within a specified period of time after the right accrued.

See e.g. 28 U.S.C.A. No.No. 2401, 2501 (statutes of limitation for actions against U.S. government). In criminal cases, however, a statute of limitation is an act of grace, a surrendering by sovereign of its right to prosecute.

See e.g. 18 U.S.C.A. No. 3281 et seq. (statutes of limitations for federal criminal prosecutions).

See also laches

- statute (statute of repose).

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Statute of repose compared.

While statutes of limitation are sometimes called "statutes of repose," the former bars right of action unless it is filed within a specified period of time after injury occurs, while "statute of repose" terminates any right of action after a specific time has elapsed, regardless of whether there has as yet been an injury. Hanson v. Williams County, N.D., 389 N.W.2d 319, 321.

See also statute (statute of repose).

@ words of limitation

Words that limit or define the interest in land that a grantee receives such as "and his heirs." Language in a deed indicating how long the estate granted is to endure

@ limitation of liability acts

State and federal statutes that limit liability for certain types of damages (e.g., pain and suffering) or limit liability of certain persons or groups (e.g., liability of corporate directors for acts of corporation), or limit time period in which action can be maintained (see Limitation (Statute of limitations)).

See also cap

- Federal Tort Claims Act

- sovereign immunity

- no-fault

@ limitation of prosecutions

See limitation (statute of limitations)

@ limitations, statute of

See limitation (statute of limitations)

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