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Lawyee  +  472152 Sun, 03 Feb 08 03:35 PM
OK Forbes, so if you are aware of this legal concept, was the description, presented above, right? Could you please give an example of its application?
Joined on Wed, Oct 3 2007
Full Member 211
Let justice be done though heavens may fall
Forbes  +  472623 Mon, 04 Feb 08 06:49 PM

In my legal career I  never had to consider what a bailment is exactly.

As I understand it from having read about it years ago, a bailment arises when something (it has to be a chattel) is left by one person with another for some purpose, usually to look after it or repair it, but not as security or so that the person it is left with has any rights in it or to use it, although they may have the right (called a lien) to keep the thing until some payment associated with it (such as a repair or storage bill) is made.

Joined on Thu, Jun 16 2005
Regular Member 895
Newguest, 1 yr 294 days ago
thanks for clarifications!
Anonymous, 1 yr 293 days ago

Simply put, the term bailament is not used in the context of real property law (i.e. real estate which includes transfering some type of right of use in an apartment). The terms which are used are lease, sublease, rent, subrent, etc. Bailment is used in the context of personal or movable property.

Anonymous, 1 yr 172 days ago

WHAT ABOUT A BAILMENT AGREEMENT FOR A VEHICLE??

Anonymous, 1 yr 153 days ago
With the greatest of respect, I don't think it is legally possible to bail an apartment. Bailment is a concept limited to personal property, I believe. I place my property into your care and pay you for caing for it. That is bailment. An example is parking my car in your parking lot and paying by the hour. (That's why parking lot tickets often say: "We rent space only; no bailment is created."

Further, bailment is not an agreement for the use of the property but for its safekeeping.

An apartment, being realty, cannot be bailed. It can, however, be lease or rented. You can also create other estates less then a fee simple.

But you cannot bail an apartment.

Timothy Perrin, BA, LL.B., MFA
Barrister and Solicitor
Author: Better Writing for Lawyers
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