Also known as:lifts · lifted · lifting · remove · revoke · terminate
Written by attorneys · grounded in primary & secondary sources — see below
2 senses
1
Revocation or rescission of a legal order, stay, or restriction.
2
Discharge or payment of a debt or obligation such as a mortgage or lien.
Each sense below has its own examples, sources, and questions.
Sense 1
1
Sense 1
Revocation or rescission of a legal order, stay, or restriction.
Examples6
Landlord Terminates Periodic Tenancy
Leah Lamb served the required notice on her tenant Lars Lindstrom at the conclusion of the rental period. This action lifted the landlord-tenant relationship that had been established to continue until proper termination notice was given. As a result, the tenancy ended cleanly without additional duties arising for either party.
Owner Ends Profit Right
Luna Lang notified the holder that she was ending access to remove timber from her land. By taking this step she lifted the profit a prendre that had allowed entry and removal of substances from the property. The holder no longer held any right to enter or extract resources.
Sense 2
2
Sense 2
Discharge or payment of a debt or obligation such as a mortgage or lien.
Frequently Asked1
How does lifting a mortgage differ from revoking an order?+
Lifting a mortgage refers to discharging or paying off the debt secured by the lien so that the encumbrance is removed from the property. Revoking an order instead terminates a judicial directive without involving payment of an underlying obligation.
Landon Long filed a notice of removal in federal court along with all state-court process and pleadings. The filing lifted the civil action from state court to the district court for the district where the case was pending. The state proceeding thereby came to an end in favor of the federal forum.
Settlor Revokes Trust
Lucy Liu executed a signed writing revoking her revocable trust and directing the trustee to return the assets. Because she possessed the same capacity required to make a will, the writing lifted the trust and ended the trustee's authority over the property. The assets reverted to her outright.
Shareholders Remove Director
Lucia Lopez and the other shareholders voted to remove the director from the board. The vote lifted the director from office even though the articles did not limit removal to cause only. A new director was seated immediately after the meeting.
Possessor Ends Control
Lars Lindstrom realized he had been aware of the contraband in his vehicle for several days and could have discarded it. By throwing the items away he lifted his possession and thereby ended the act that the statute treats as criminal.
Frequently Asked2
What does it mean to lift a stay or order in litigation?+
To lift a stay or order means the court revokes or rescinds the prior directive that had halted proceedings or enforcement. Once lifted, the underlying action or obligation resumes without the previous restriction.
Can a party lift a tenancy without giving notice?+
A periodic tenancy created to last until proper notice is given cannot be lifted unilaterally without the required notice at the end of a period. The relationship continues until the statutory or contractual notice is properly served.
410 U.S. 113 (1973)Constitutional Law
…of the county in which the plaintiffs resided. The complaint alleged that Roe was unmarried and pregnant, that she wished to terminate her pregnancy by an abortion performed by a competent licensed physician under safe clinical conditions, that she was unable to get a legal abortion in Texas because her life did not appear…