Surrender
Legal Definition and Related Resources of Surrender
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Meanings, Synonyms, Etymology, Translations and More
Meaning of Surrender
The yielding or restoring of an estate to the person entitled to the immediate reversion or remainder. The term is applied to the Relinquishment of life estates or a lease for a term of years by the tenant. In this context, the term denotes a yielding up of a tenancy to the owner of the reversion or remainder, wherein the tenancy is submerged and extinguished by agreement or by operation of law. See Beall v White, 94 U.S. 382,24 L. Ed. 173. where the surrender is an express one and not implied by law, it must be shown that the reversioner or remainder accepted the surrender. See Eidelman v Walker & Dunlop Inc., 265 Md. 538, 290 A.2d 780. A surrender by operation of law results from acts which imply mutual consent independent of the express intention of the parties that their acts shall have that effect. Said to be by way of estoppel. See Beall v White, ( supra ).
Surrender Alternative Definition
A yielding up of an estate for life or years to him who has an immediate estate in reversion or remainder, by which the lesser estate is merged in the greater by mutual agreement. Co. Litt. 337b. The deed by which the surrender is made. A surrender is of a nature directly opposite to a release; for, as the latter operates by the greater estate descending upon the less, the former is the falling of a less estate into a greater, by deed. A surrender immediately divests the estate of the surrenderor, and vests it in the surrenderee, even without the assent of the latter. Shep. Touch. 300, 301. The technical and proper words of this conveyance are, surrender and yield up; but any form of words by which the intention of the parties is sufficiently manifested will operate as a surrender. Perk. § 607; 1 Term R. 441; Comyn, Dig. Surrender (A). The surrender may be express or implied. The latter is when an estate incompatible with the existing estate is accepted, or the lessee takes a new lease of the same lands. 16 Johns. (N. Y.) 28; 2 Wils. 26; 1 Barn. 6 Aid. 50; 2 Barn. & Aid. 119; 5 Taunt. 518. And see 6 East, 86; 9 Barn. & 0. 288; 7 Watts (Pa.) 123; Cruise, Dig. tit. 32, o. 7; Comyn, Dig.; 4 Kent, Comm. 102; Rolle, Abr.; 11 East, 317, note.
Adoption Legal Definition of Surrender
Voluntary termination of parental rights. An action taken by birth parents to voluntarily "make an adoption plan" for a child or "relinquishment? of child for adoption.
Learn more with the Adoption Thesaurus
Synonyms of Surrender
(Give back), verb
abdicate
abjure
abnegate
cede
disclaim
disown
forego
forfeit
forsake
forswear
hand over
let go
part with
reinstate
relinquish
render up
renounceresign
restore
return
waive
(Yield), verb
acquiesce
agree to
backdown
be submissive
capitulate
concede
dedere
give in
obey
relent
submit
succumb
tradere
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Surrender in Historical Law
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Related Legal Terms
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Mentioned in these terms
Abandon, Cession, Determinable, Dissolution, Extradition, Factor's Lien, Release, Relinquish, Remise, Seduction.
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This definition of Surrender is based on the The Cyclopedic Law Dictionary. This entry needs to be proofread.
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Concept of Surrender in the context of Real Property
A short definition of Surrender: The giving up of an estate, such as a lease. A contractual agreement, having the consent of both parties, such as lessor and lessee, as opposed to abandonment.
Concept of Surrender in the context of Real Property
A short definition of Surrender: The giving up of an estate, such as a lease. A contractual agreement, having the consent of both parties, such as lessor and lessee, as opposed to abandonment.
Grammar
This term is a noun.
Etimology of Surrender
(You may find surrender at the world legal encyclopedia and the etimology of more terms).
early 15c., in law, "a giving up" (of an estate, land grant, interest in property, etc.), from Anglo-French surrendre, Old French surrendre noun use of infinitive, "give up, deliver over" (see surrender (verb)).
Surrender