Disagreement

The refusal by a grantee, lessee, etc., to accept an estate, lease, etc., made to him; the annulling of a thing that had essence before. No estate can be vested in a person against his will, consequently no one can become a grantee, etc., without his agreement. The law implies such an agreement until the contrary is shown, but his disagreement renders the grant, etc., inoperative. If an infant purchase an estate, he may, on coming to full age, disagree thereto; and, if he agree thereto, his heirs, after his death, may waive it. If a person of unsound mind purchase an estate, he cannot afterwards disagree thereto himself; but if he does not recover, or, after recovery, dies without agreement, his heir may disagree to it. If a feme covert purchase an estate, her husband may disagree thereto; and, if he neither agrees nor disagrees, the purchase is good during the coverture, but after his death, notwithstanding his agreement, the wife may disagree thereto, and so, after her death, may her heirs, if she does not herself agree thereto. Persons who purchase an estate under duress may disagree thereto when the duress ceases.

See Co. Litt. 2b, 3a, 380b; 3 Prest. Abstr. 104; 2 Bl. Comm. 292; Viner, Abr.; Wharton.