Release in United States

Release Definition

The giving up or abandoning a claim or right to the person against whom the claim exists, or the right is to be exercised or enforced. Releases may either give up, discharge, or abandon a right of action, or convey a man’s interest or right to another who has possession of it, or some estate in the same. Shep. Touch. 320; Litt. 444; Nelson, Abr.; Bac. Abr.; Viner, Abr.; Rolle, Abr. In the former class, a mere right is surrendered; in the other, not only a right is given up, but an interest in tiie estate is conveyed and becomes vested in the release. An express release is one directly made in terms by deed or other suitable means. An implied release is one which arises from acts of the creditor or owner, without any express agreement. See Poth. Obi. notes 608, 609. A release by operation of law is one which, though not expressly made, the law presumes in consequence of some act of the releasor; for instance, when one of several joint obligors is expressly released, the others are also released by operation of law. 3 Salk. 298; Hob. 10, 66; 4 Mod. 380; 7 Johns. (N. Y.) 207. In Estates. The conveyance of a man’s interest or right which he hath unto a thing, to another that hath the possession thereof, or some estate therein. Shep. Touch. 320. The relinquishment of some right or benefit to a person who has already some interest in the tenement, and such interest as qualifies him for receiving or availing himself of the right or benefit so relinquished. Burton, Real Prop. 15*. A discharge or conveyance of a man’s right in lands or tenements to one that held some former estate in possession. 2 Bl. Comm. 324. The words generally used in such conveyance are remised, released, and forever quitclaimed. Litt. § 445. Releases of land are, in respect of their operation, divided into five sorts:
(1) Releases that inure by way of passing the estate, or mitter restate; e. g., a release by joint tenant to co-joint tenant, which conveyance will pass a fee without words of limitation.
(2) Releases that inure by way of passing the right, or mitter le droit; e. g., by disseisee to disseisor.
(3) Releases that inure by enlargement of the estate. Here there must be an actual privity of estate at the time between releasor and releasee, who must have an estate actually vested in him capable of enlargement.
(4) Releases that inure by way of extinguishment; e. g., a lord releasing his seignorial rights to his tenant.
(5) Releases that inure by way of feoffment and entry; e. g. if there are two disseisors, a release to one will give him a sole estate, as if the disseisee had regained seisin by entry, and enfeoffed him. 2 Bl. Comm. 325*. See 4 Cruise, Dig. 71; Gilb. Ten. 82; Co. Litt. 264; 3 Brock. (U. S.) 185; 2 Sumn. (U. S.) 487; 4 Pick. (Mass.) 143;- 10 Pick. (Mass.) 195; 7 Mass. 381; 5 Har. & J. (Md.) 158; 2 N. H. 402; 5 Paige, Ch. (N. Y.) 299; 10 Johns. (N. Y.) 456. The technicalities of English law as to releases are not generally applicable in the United States. The corresponding conveyance is a quitclaim deed. 2 Bouv. Inst. 416; 21 Ala. (N. S.) 125. In Admiralty. An instrument under seal of the court, commanding the marshal to release a ship or other property arrested in a proceeding in rem on the giving of bail by the owner. estate. See Release.

Release in Foreign Legal Encyclopedias

Back to Top

When starting research in the law of a foreign country it is often essential to have some sense of what publications are available and in what sources research is best conducted. The Encyclopedia has several Guides to Sources of Basic Legislation which describes resources in international and foreign law, including digests, legislation, codes and secondary sources. There is also a set of surveys of the legal systems of more than 100 jurisdictions, including history, major legal concepts and the structure of the court system.

Browse the American Encyclopedia of Law for Release

Scan Release in the appropriate area of law:

Back to Top

Explore other Reference Works

Back to Top

Legal Issue for Attorneys

The giving up or abandoning a claim or right to the person against whom the claim exists, or the right is to be exercised or enforced. Releases may either give up, discharge, or abandon a right of action, or convey a man’s interest or right to another who has possession of it, or some estate in the same. Shep. Touch. 320; Litt. 444; Nelson, Abr.; Bac. Abr.; Viner, Abr.; Rolle, Abr. In the former class, a mere right is surrendered; in the other, not only a right is given up, but an interest in tiie estate is conveyed and becomes vested in the release. An express release is one directly made in terms by deed or other suitable means. An implied release is one which arises from acts of the creditor or owner, without any express agreement. See Poth. Obi. notes 608, 609. A release by operation of law is one which, though not expressly made, the law presumes in consequence of some act of the releasor; for instance, when one of several joint obligors is expressly released, the others are also released by operation of law. 3 Salk. 298; Hob. 10, 66; 4 Mod. 380; 7 Johns. (N. Y.) 207. In Estates. The conveyance of a man’s interest or right which he hath unto a thing, to another that hath the possession thereof, or some estate therein. Shep. Touch. 320. The relinquishment of some right or benefit to a person who has already some interest in the tenement, and such interest as qualifies him for receiving or availing himself of the right or benefit so relinquished. Burton, Real Prop. 15*. A discharge or conveyance of a man’s right in lands or tenements to one that held some former estate in possession. 2 Bl. Comm. 324. The words generally used in such conveyance are remised, released, and forever quitclaimed. Litt. § 445. Releases of land are, in respect of their operation, divided into five sorts:
(1) Releases that inure by way of passing the estate, or mitter restate; e. g., a release by joint tenant to co-joint tenant, which conveyance will pass a fee without words of limitation.
(2) Releases that inure by way of passing the right, or mitter le droit; e. g., by disseisee to disseisor.
(3) Releases that inure by enlargement of the estate. Here there must be an actual privity of estate at the time between releasor and releasee, who must have an estate actually vested in him capable of enlargement.
(4) Releases that inure by way of extinguishment; e. g., a lord releasing his seignorial rights to his tenant.
(5) Releases that inure by way of feoffment and entry; e. g. if there are two disseisors, a release to one will give him a sole estate, as if the disseisee had regained seisin by entry, and enfeoffed him. 2 Bl. Comm. 325*. See 4 Cruise, Dig. 71; Gilb. Ten. 82; Co. Litt. 264; 3 Brock. (U. S.) 185; 2 Sumn. (U. S.) 487; 4 Pick. (Mass.) 143;- 10 Pick. (Mass.) 195; 7 Mass. 381; 5 Har. & J. (Md.) 158; 2 N. H. 402; 5 Paige, Ch. (N. Y.) 299; 10 Johns. (N. Y.) 456. The technicalities of English law as to releases are not generally applicable in the United States. The corresponding conveyance is a quitclaim deed. 2 Bouv. Inst. 416; 21 Ala. (N. S.) 125. In Admiralty. An instrument under seal of the court, commanding the marshal to release a ship or other property arrested in a proceeding in rem on the giving of bail by the owner. estate. See Release.

Back to Top
This definition of Release Is based on the The Cyclopedic Law Dictionary . This definition needs to be proofread..

Practical Information

Note: Some of this information was last updated in 1982

Giving up some claim, right, or interest to the person who owes the claim or against whom it might have been enforced.

(Revised by Ann De Vries)

What is Release?

For a meaning of it, read Release in the Legal Dictionary here. Browse and search more U.S. and international free legal definitions and legal terms related to Release.

Release in Environmental Law

In environmental law, a release is an event in which pollutants are discharged or allowed to escape into the environment. After a release occurs, the person responsible for it may have duties associated with it.

For example, if a hazardous substance [see hazardous substances] is placed in a drum and buried, a release may occur after the drum deteriorates. Although the person who created the waste may not know it is now uncontained, he will be potentially responsible for reimbursing the government for its costs if a governmental agency becomes involved in cleaning up the site. This obligation originates in the Comprehensive Environmental Response, Compensation, and Liability Act and similar state laws.

Other types of releases, such as an unpermitted discharge of oil or air pollutants, may trigger requirements to notify the government and to respond immediately to contain and clean up the release. The Oil Pollution Act, the Emergency Planning and Community RightToKnow Act, the Comprehensive Environmental Response, Compensation, and Liability Act, the Resource Conservation and Recovery Act, and the Clean Water Act all contain notification and response provisions.
Based on “Environment and the Law. A Dictionary”.

Release (Relief From Judgment)

This section introduces, discusses and describes the basics of release. Then, cross references and a brief overview about Relief From Judgment is provided. Finally, the subject of Judgments in relation with release is examined. Note that a list of cross references, bibliography and other resources appears at the end of this entry.

Resources

See Also

• Courts
• Pretrial Release and Services