An order from the court declaring that the legal right to claim property, title, or office is in abeyance, i.e., the property, office, or title is temporarily placed on hold until matters surrounding the issue is resolved.
Abeyance Order Details
Abeyance orders are used in situations in which the parties involved are interested in settling litigation while still holding on to the right to seek relief if there will be a need for it later. Litigation is the process of taking a case to the court of law so a judge can make that judgment or a series of steps that may lead to a court trial and ultimately a resolution of the matter.
Abeyance orders are often used in bankruptcy proceedings. Bankruptcy proceedings are legal processes through which people or other bodies that cannot refund debts to creditors may seek relief from part or all of their debts. This often occurs when the rightful owner of a property, title, or office cannot be identified.
In advertising, an abeyance order is an order from an advertiser for a media slot either on radio or television that is presently not available. Due to this, the order can be held in abeyance (on hold) until another suitable advertising slot or opportunity opens up.
Real-World Examples of Abeyance Order
One typical scenario/example in which abeyance orders are used is in the English peerage. A peerage title cannot be passed down because of the lack of a legitimate claimant. A legitimate claimant is someone that demands the right to be the legal owner of a certain title or office.
Most English peerage titles are passed only to sons, although some can be given to a daughter if she is an only child or if her siblings have lost their lives without producing heirs. If there are several female heirs, then that title will go into abeyance until only one person can represent all the female heirs' claims. There are several peerage titles in which abeyance order have been used; some are listed below;
Specific English peerage titles have gone into abeyance or hold for hundreds of years.
- The Baron of Grey of Codnor was in abeyance from 1496 until 1989, amounting to 493 years when a judge called the claim out of abeyance to favor the Cornwall-Legh family's claim.
- Baron Hastings was in abeyance for 299 years.
- Baron Braye was in abeyance for 282 years and again for 17 years.
Abeyance vs. Abeyance Order
While abeyance refers to a state of expectancy regarding property, titles, or office when the rights to them have not been given to one person but waits for the determination and presentation of the true owner of that property, title, or office, it is a state of undetermined ownership or lapse in a succession of ownership.
Abeyance order is an order given by the court of law stating that the rights to a title, office, or property should be held in abeyance or kept on hold. So, while abeyance is a state of waiting, delay, or holding up, abeyance order is a legal backing to the waiting, delay, or holding up.