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Cession
Definition:
Cession is the act of transferring ownership or control of land or other assets from one party to another. It is a legal process that creates a new owner or controller.
Elements of Cessation:
- Transferor: The party who owns or controls the asset being ceded.
- Transferee: The party who receives the asset.
- Asset: The land or other asset being transferred.
- Consideration: The payment or other incentive offered to the transferee.
- Consent: The agreement of both parties to the transfer.
Types of Cessation:
- Absolute cession: The transfer of complete ownership and control of the asset.
- Conditional cession: The transfer of ownership or control subject to certain conditions being met.
- Leasehold cession: The transfer of a leasehold interest in land.
- Mortgages: The transfer of a security interest in land as collateral for a loan.
Examples:
- A landlord cedes a rental property to a new tenant.
- A homeowner sells their house to a buyer.
- A company assigns its lease to a new lessee.
Legal Considerations:
- Cessation must be made in accordance with applicable law.
- Consent of all parties involved is required.
- The transfer of ownership or control must be properly documented.
Additional Notes:
- Cessation can be voluntary or involuntary.
- It can be used to transfer a variety of assets, including land, buildings, and equipment.
- The process of cession can vary depending on the jurisdiction.