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Dictionary of Law |
property :: legal definitionProperty - n. anything that is owned by a person or entity. Property is divided into two types: "real property," which is any interest in land, real estate, growing plants or the improvements on it, and "personal property" (sometimes called "personalty"), which is everything else. "Common property" is ownership by more than one person of the same possession. "Community property" is a form of joint ownership between husband and wife recognized in several states. "Separate property" is property owned by one spouse only in a community property state, or a married woman's sole ownership in some states. "Public property" refers to ownership by a governmental body such as the federal, state, county or city governments or their agencies (e.g. school or redevelopment districts). The government and the courts are obligated to protect property rights and to help clarify ownership. See also: common property community property personal property personalty public property real property separate property and Related Law Terms ↓ Related Law Termsabduction :: n. the criminal taking away of a person by persuas ... g of children. See also: kidnappingabeyance :: 1) n. when the owner- ship of property has not bee ... 2) legal jargon for "undetermined." abstract of judgment :: n. a written summary of a judgment which states ho ... aying the debt. See also: levy lien abstract of title :: n. the written report on a title search which show ... e also: chain of title title report account stated :: n. a statement between a creditor or the person to ... ending on the state. See also: debt acknowledgment :: n. the section at the end of a document where a no ... me leases and various other papers. administrative law :: n. the procedures created by administrative agenci ... judge Administrative Procedure Act administrator :: n. the person appointed by the court to handle the ... e also: administer executor probate adultery :: n. consensual sexual relations when one of the par ... s and grist for scandal newspapers. adverse possession :: n. a means to acquire title to land through obviou ... o: possession prescriptive easement advisory opinion :: n. an opinion stated by a judge or a court upon th ... o: actual controversy friendly suit after-acquired property :: n. 1) personal or real property acquired by a debt ... lso: bankruptcy secured transaction appurtenant :: adj. pertaining to something that attaches. In rea ... t. See also: easement real property articles of incorporation :: n. the basic charter of a corporation which spells ... year's taxes. See also: corporation assess :: v. to set a value on property, usually for the pur ... e place upon sale of real property. assign :: 1) v. to transfer to another person any asset such ... en shows up in contracts and wills. assume :: v. to take over the liability for a debt on a prom ... he assumption. See also: assumption Attorney General :: n. in each state and the federal government the hi ... izenry. See also: Solicitor General bankruptcy :: n. a federal system of statutes and courts which p ... y proceedings trustee in bankruptcy Bill of Rights :: n. the first ten amendments to the federal Constit ... ved to the states or to the people. carrier :: n. in general, any person or business which transp ... lso: common carrier private carrier chain of title :: n. the succession of title ownership to real prope ... title conveyance foreclosure title chattel :: n. an item of personal property which is movable, ... ments). See also: personal property chattel mortgage :: n. an outmoded written document which made a chatt ... ed by the property. See also: UCC-1 civil :: adj. 1) that part of the law that encompasses busi ... also: civil liberties civil rights claim :: 1) v. to make a demand for money, for property, or ... the government, it is lawsuit time. claim against a governmental agency :: n. any time one believes he/she has a right to pay ... orter than other types of lawsuits. collateral :: 1) n. property pledged to secure a loan or debt, u ... ral to the Colorado divorce action. color of title :: n. the appearance of having title to personal or r ... rty based on this "color of title." commingling :: n. the act of mixing the funds belonging to one pa ... rust accounts for funds of another. common area :: n. in condominium and some cooperative housing pro ... tage of total store space occupied. common law :: n. the traditional unwritten law of England, based ... plied without reference to statute. common property :: n. 1) real property owned by "tenants in common," ... e, like parks and national forests. community property :: n. property and profits received by a husband and ... and distribution separate property condemn :: v. 1) for a public agency to determine that a buil ... condemnation action eminent domain condemnation :: n. the legal process by which a governmental body ... eminent domain inverse condemnation condemnation action :: n. a lawsuit brought by a public agency to acquire ... e also: condemnation eminent domain condition subsequent :: n. 1) in a contract, a happening which terminates ... Dad Fauntleroy. See also: condition condominium :: n. title to a unit of real property which, in real ... ium projects. See also: common area confidential communication :: n. certain written communications which can be kep ... privilege privileged communication conflict of interest :: n. a situation in which a person has a duty to mor ... a position adverse to the customer. constructive notice :: n. a fiction that a person got notice even though ... personally. See also: constructive consumer protection laws :: n. almost all states and the federal government ha ... rranty product liability securities convey :: v. to transfer title (official ownership) to real ... ion conveyance deed grantee grantor conveyance :: n. a generic term for any written document which t ... r Recorder of Deeds. See also: deed copyright :: 1) n. the exclusive right of the author or creator ... plagiarism public domain trademark corporation :: n. an organization formed with state governmental ... ation public corporation securities cotenancy :: n. the situation when more than one person has an ... y by the entirety tenancy in common count :: n. each separate statement in a complaint which st ... also: cause of action common counts covenant :: 1) n. a promise in a written contract or a deed of ... o compete deed restrictive covenant d.b.a. :: n. short for "doing business as," when a person or ... that is registered with the state. dedication :: n. the giving of land by a private person or entit ... perty. See also: quiet title action deed :: 1) n. the written document which transfers title ( ... veyance deed of trust warranty deed demise :: 1) v. an old-fashioned expression meaning to lease ... r life. 3) n. death. 4) n. failure. descent :: n. the rules of inheritance established by law in ... on inheritance intestate succession devise :: 1) v. an old-fashioned word for giving real proper ... so: bequest gift legacy remise will devisee :: n. a person who receives a gift of real property b ... will. See also: beneficiary legatee disinherit :: v. to intentionally take actions to guarantee that ... rorem clause pretermitted heir will divorce :: 1) n. the termination of a marriage by legal actio ... y separate property spousal support domicile :: n. the place where a person has his/her permanent ... where its headquarters is located. double jeopardy :: n. placing someone on trial a second time for an o ... that occurred thirty years earlier. easement :: n. the right to use the real property of another f ... rstandings at the time of creation. eminent domain :: n. the power of a governmental entity (federal, st ... ngs. See also: condemn condemnation equal opportunity :: 1) n. a right supposedly guaranteed by both federa ... be so. See also: affirmative action equal protection of the law :: n. the right of all persons to have the same acces ... laws." See also: due process of law equity :: n. 1) a venerable group of rights and procedures t ... ry enjoin equitable injunction writ escrow :: 1) n. a form of account held by an "escrow agent" ... w the deal." See also: escrow agent estate :: n. 1) all that one owns in real estate and other a ... ife estate probate real estate will exchange :: 1) v. to trade or barter property, goods and/or se ... ins tax. See also: delayed exchange execution :: n. 1) the act of getting an officer of the court t ... so: death penalty writ of execution extradition :: n. the surrender by one state or country of a pers ... ty. See also: fugitive from justice fair comment :: n. a statement of opinion (no matter how ludicrous ... amation libel public figure slander fictitious defendants :: n. when a party suing (plaintiff) is not sure if h ... are not permitted in federal cases. foreclosure :: n. the system by which a party who has loaned mone ... ced sale mortgage notice of default foreclosure sale :: n. the actual forced sale of real property at a pu ... dicial sale mortgage sheriff's sale fraud :: n. the intentional use of deceit, a trick or some ... audulent conveyance intrinsic fraud free and clear :: adj. referring to the ownership of real property u ... the title has no claim against it. future interest :: n. a right to receive either real property or pers ... maturity (age 18) or upon marriage. grace period :: n. a time stated in a contract in which a late pay ... the contract, i.e. your insurance. grandfather clause :: n. 1) a clause in a statute or zoning ordinance (p ... Such laws are now unconstitutional. grant deed :: n. the document which transfers title to real prop ... rant grantee grantor quitclaim deed hearsay rule :: n. the basic rule that testimony or documents whic ... interest dying declaration hearsay hit and run :: n. the crime of a driver of a vehicle who is invol ... , and then walks back to the scene. home rule :: n. the power of a local city or county to set up i ... state funds for local improvements. immunity :: n. exemption from penalties, payments or legal req ... ws. See also: governmental immunity in personam :: adj. (in purr-soh-nam) from Latin for "directed to ... here. See also: in rem jurisdiction incorporate :: v. 1) to obtain an official charter or articles of ... te by reference incorporation stock indenture :: n. a type of real property deed in which two parti ... bind a person to work for another. interest :: n. 1) any and all, partial or total right to prope ... nal property real property standing interstate commerce :: n. commercial trade, business, movement of goods o ... and the I.C.C. may soon be history. invasion of privacy :: n. the intrusion into the personal life of another ... randeis. See also: right to privacy inverse condemnation :: n. the taking of property by a government agency w ... e also: condemnation eminent domain invitee :: n. a person who comes onto another's property, pre ... ail employees. See also: negligence joint tenancy :: n. a crucial relationship in the ownership of real ... ty property tenancy in common title jurat :: (jur-at) n. Latin for "been sworn," the portion of ... wledgment declaration notary public jurisdiction :: n. the authority given by law to a court to try ca ... Superior Court Supreme Court venue jury :: n. one of the remarkable innovations of the Englis ... hallenge sequester venire voir dire just compensation :: n. 1) in general a fair and reasonable amount of m ... ation make one whole quantum meruit justice of the peace :: (JP) n. a judge who handles minor legal matters su ... ersons to qualify by taking a test. land :: n. real property, real estate (and all that grows ... See also: real estate real property law :: n. 1) any system of regulations to govern the cond ... um maritime law natural law statute lease :: 1) n. a written agreement in which the owner of pr ... triple net lease unlawful detainer leasehold :: n. the real estate which is the subject of a lease ... sehold. See also: condominium lease legatee :: n. a person or organization receiving a gift of an ... eficiary devise devisee legacy will leverage :: 1) n. the use of borrowed money to purchase real e ... e been created by risky leveraging. libel :: 1) n. to publish in print (including pictures), wr ... libel per se public figure slander lien :: n. any official claim or charge against property o ... ord's lien mechanic's lien mortgage life estate :: n. the right to use or occupy real property for on ... hter, Sadie, will own the property. lis pendens :: (lease pen-dense) n. Latin for "a suit pending," a ... ob can be penalized by court order. literary property :: n. the writings of an author which entitles him/he ... as copyrighted. See also: copyright living will :: n. also called "a durable power of attorney," it i ... upport. See also: power of attorney mandamus :: (man-dame-us) n. Latin for "we order," a writ (mor ... mandamus. See also: writ of mandate marketable title :: n. the title to real property which has no encumbr ... e. See also: contract real property mechanic's lien :: n. the right of a craftsman, laborer, supplier, ar ... ll sue for the debt. See also: lien merger :: n. 1) in corporate law, the joining together of tw ... and taking one, and wife the other. mortgage :: n. a document in which the owner pledges his/her/i ... losure notice of default trust deed murder :: n. the killing of a human being by a sane person, ... premeditation second degree murder negligence :: n. failure to exercise the care toward others whic ... gence per se res ipsa loquitur tort no fault insurance :: n: a type of automobile insurance required of car ... ling lawsuits. See also: negligence nominal party :: n. a defendant or a plaintiff included in a lawsui ... ed. See also: necessary party party not guilty :: n. 1) plea of a person who claims not to have comm ... t guilty by reason of insanity plea notary public :: n. a person authorized by the state in which the p ... he state which appoints the notary. notice :: n. 1) information, usually in writing in all legal ... Thirty-day notice three-day notice notorious possession :: n. occupation of real property or holding personal ... e is as if the person is the owner. nuisance :: n. the unreasonable, unwarranted and/or unlawful u ... evening). See also: public nuisance operation of law :: n. a change or transfer which occurs automatically ... atically upon the child turning 18. pardon :: 1) v. to use the executive power of a Governor or ... also: amnesty commutation reprieve personal effects :: n. things which include clothes, cosmetics and ite ... e, Susannah"). See also: personalty personalty :: n. movable assets (things, including animals) whic ... lso: personal effects real property petition :: 1) n. a formal written request to a court for an o ... dent. See also: divorce motion writ pledge :: v. to deposit personal property as security for a ... ise to do something. See also: pawn possession :: n. 1) any article, object, asset or property which ... ctive possession. See also: possess possessory interest :: n. in real estate, the intent and right of a perso ... o: possess possession real property possibility of a reverter :: n. the potential that the title to a real property ... further issue. See also: reversion pour over will :: n. a will of a person who has already executed a t ... invalid trust. See also: trust will power of attorney :: n. a written document signed by a person giving an ... y, as in a real estate transaction. premises :: n. 1) in real estate, land and the improvements on ... t). See also: real estate structure private road :: n. a road or driveway on privately owned property, ... ng. See also: prescriptive easement privileges and immunities :: n. the fundamental rights that people enjoy in fre ... t impinge on constitutional rights. promissory note :: n. a written promise by a person (variously called ... lso: interest obligee obligor usury property damage :: n. injury to real or personal property through ano ... l value. See also: damages property property tax :: n. an annual governmental tax on real property or ... are made. See also: ad valorem tax public :: 1) n. the people of the nation, state, county, dis ... lands and public and private roads. public defender :: n. an elected or appointed public official (usuall ... to convicted indigents for appeals. public use :: n. the only purpose for which private property can ... e also: condemnation eminent domain public utility :: n. any organization which provides services to the ... nder state laws. See also: monopoly quasi community property :: n. in community property states, property acquired ... : community property palimony quasi qui tam action :: : (kwee tam) n. from Latin for "who as well," a la ... technical violations and/or errors. quiet title action :: n. a lawsuit to establish a party's title to real ... opposition. See also: notice title real estate :: n. land, improvements and buildings thereon, inclu ... the future. See also: real property real estate investment trust :: n. nicknamed REIT, a real estate investment organi ... its upon sale-if there is a profit. real party in interest :: n. the person or entity who will benefit from a la ... st is the beneficiary of the trust. real property :: n. 1) all land, structures, firmly attached and in ... onal property real estate reversion reconveyance :: n. in those states which use deeds of trust as a m ... conveyance. See also: deed of trust regulations :: n. rules and administrative codes issued by govern ... es usually have similar procedures. remainder :: n. in real property law, the interest in real prop ... ed reversion title vested remainder reversion :: n. in real property, the return to the grantor or ... lled "reverter." See also: reverter self-defense :: n. the use of reasonable force to protect oneself ... ndalism. See also: assault homicide sentence :: 1) n. the punishment given to a person convicted o ... ence restitution suspended sentence separate property :: n. in community property states (California, Texas ... pouse. See also: community property service of process :: n. the delivery of copies of legal documents such ... by publication substituted service shield laws :: n. statutes enacted in some states which declare t ... See also: privileged communication state action :: n. in federal Civil Rights Acts, dating back to 18 ... for damages. See also: civil rights state of domicile :: n. the state in which a person has his/her permane ... orated. See also: domicile resident statute of limitations :: n. a law which sets the maximum period which one c ... ies. See also: demurrer laches toll straw man :: n. 1) a person to whom title to property or a busi ... a trail will mislead hunting dogs). substituted service :: n. accomplishing service (delivery) of legal docum ... ee also: service service of process tax :: n. a governmental assessment (charge) upon propert ... unified estate and gift tax use tax tenancy by the entirety :: n. joint ownership of title by husband and wife, i ... ee also: community property tenancy tenancy in common :: n. title to property (usually real property, but i ... on. See also: joint tenancy tenancy theft :: n. the generic term for all crimes in which a pers ... rglary embezzlement larceny robbery title :: n. 1) ownership of real property or personal prope ... ink slip real property title search title report :: n. the written analysis of the status of title to ... lso: abstract title title insurance transfer :: n. 1) the movement of property from one person or ... son or shipment to continue travel. undivided interest :: n. title to real property held by two or more pers ... y by the entirety tenancy in common unlawful detainer :: n. 1) keeping possession of real property without ... Thirty-day notice three-day notice use :: n. the right to enjoy the benefits of real propert ... ay it is only of academic interest. venue :: n. 1) the proper or most convenient location for t ... ion. See also: forum non conveniens will :: n. a written document which leaves the estate of t ... will and testament probate testator Popular Law Searcheslegal definition ministerial act :: n. an act, particularly of a governmental employee ... exercising any individual judgment.chancery legal definition :: n. a court that can order acts performed. Today ch ... ts in most states. See also: equity testamentary disposition legal definition :: n. how the terms of a will divide the testator's ( ... named beneficiaries. See also: will contract of sufferance :: n. a "hold-over" tenancy after a lease has expired ... y tenancy at will unlawful detainer forthwith legal definition :: adv. a term found in contracts, court orders and s ... mediacy, with no excuses for delay. forthwith definition legal :: adv. a term found in contracts, court orders and s ... mediacy, with no excuses for delay. what is to wit in a legal contract :: prep. that is to say. Example: "the passengers in ... tty Bumgartner and Sherry Younger." mirror wills legal definition :: n. the wills of a husband and wife which are ident ... d each names the other as executor. clean hands doctrine latin :: n. a rule of law that a person coming to court wit ... ices. See also: affirmative defense sine qua non only relates to contract law :: (see-nay kwah nahn) prep. Latin for "without which ... qua non of the injury to Playmate. Other Law Terms - Ppaid into court :: adj. referring to money deposited with the clerk o ... differences. See also: interpleaderpain and suffering :: n. the physical and mental distress suffered from ... l damages special damages suffering palimony :: n. a substitute for alimony in cases in which the ... the relationship. See also: alimony pander :: 1) v. to solicit customers for a prostitute. 2) n. ... ons or favors. See also: prostitute panderer :: n. 1) a person who panders or solicits for a prost ... special interests. See also: pander panel :: n. the list of people selected to appear for jury ... or jury duty. See also: jury venire paper hanger :: n. slang for a person who criminally writes and ca ... ey in them. See also: forgery fraud par :: n. 1) an equal level. 2) the face value of a stock ... common stock preferred stock stock paralegal :: n. a non-lawyer who performs routine tasks requiri ... h less than that for the attorneys. paramount title :: n. a right to real property which prevails over an ... n's claim of title. See also: title parcel :: n. a defined piece of real estate, usually resulti ... See also: real estate real property pardon :: 1) v. to use the executive power of a Governor or ... also: amnesty commutation reprieve parens patriae :: (paa-rens pat-tree-eye) n. Latin for "father of hi ... pport custody divorce guardian ward parent :: n. the lawful and natural father or mother of a pe ... natural parent. See also: adoption parental neglect :: n. a crime consisting of acts or omissions of a pa ... usive or sexually predatory person. pari delicto :: adj. equal fault. See also: in pari delicto ... al fault. See also: in pari delicto parish :: n. 1) a geographic area served by a church (partic ... overnmental equivalent of a county. parody :: n. the humorous use of an existing song, play, or ... l significance. See also: copyright parol :: adj. oral. See also: parol evidence rule ... oral. See also: parol evidence rule parol evidence rule :: n. if there is evidence in writing (such as a sign ... or contradict the written document. |