Surrender

Legal Definition and Related Resources of Surrender

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.

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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

Related Entries of Surrender in the Encyclopedia of Law Project

Browse or run a search for Surrender in the American Encyclopedia of Law, the Asian Encyclopedia of Law, the European Encyclopedia of Law, the UK Encyclopedia of Law or the Latin American and Spanish Encyclopedia of Law.

Surrender in Historical Law

You might be interested in the historical meaning of this term. Browse or search for Surrender in Historical Law in the Encyclopedia of Law.

Legal Abbreviations and Acronyms

Search for legal acronyms and/or abbreviations containing Surrender in the Legal Abbreviations and Acronyms Dictionary.

Related Legal Terms

You might be also interested in these legal terms:

Mentioned in these terms

Abandon, Cession, Determinable, Dissolution, Extradition, Factor’s Lien, Release, Relinquish, Remise, Seduction.

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Surrender in the Dictionary Surrender in our legal dictionaries
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Related topics Surrender in the World Encyclopedia of Law

Notice

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

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