|
|
|
|
Dictionary of Law |
covenant :: legal definitionCovenant - 1) n. a promise in a written contract or a deed of real property. The term is used only for certain types of promises such as a covenant of warranty, which is a promise to guarantee the title (clear ownership) to property, a promise agreeing to joint use of an easement for access to real property, or a covenant not to compete, which is commonly included in promises made by a seller of a business for a certain period of time. Mutual covenants among members of a homeowners association are promises to respect the rules of conduct or restrictions on use of property to insure peaceful use, limitations on intrusive construction, etc., which are usually part of the recorded covenants, conditions and restrictions which govern a development or condominium project. Covenants which run with the land, such as permanent easement of access or restrictions on use, are binding on future title holders of the property. Covenants can be concurrent (mutual promises to be performed at the same time), dependent (one promise need be performed if the other party performs his/hers), or independent (a promise to be honored without reference to any other promise). Until 1949 many deeds contained restrictive covenants which limited transfer of the property to the Caucasian race. These blatantly racist covenants were then declared unconstitutional. 2) v. to promise. See also: contract covenant not to compete deed restrictive covenant and Related Law Terms ↓ Related Law Termsabandoned property :: n. property left behind (often by a tenant) intent ... -use. See also: abandon abandonmentabandonment :: n. the act of intentionally and permanently giving ... : abandon abandoned property patent abeyance :: 1) n. when the owner- ship of property has not bee ... 2) legal jargon for "undetermined." abstract of title :: n. the written report on a title search which show ... e also: chain of title title report access :: n. 1) in real estate the right and ability to get ... See also: DNA egress paternity suit adverse possession :: n. a means to acquire title to land through obviou ... o: possession prescriptive easement after-acquired property :: n. 1) personal or real property acquired by a debt ... lso: bankruptcy secured transaction anticipatory breach :: n. when a party to a contract repudiates (reneges ... perform. See also: breach contract appurtenant :: adj. pertaining to something that attaches. In rea ... t. See also: easement real property 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-in-fact :: n. someone specifically named by another through a ... cument. See also: power of attorney attorney's fee :: n. the payment for legal services. It can take sev ... ees in the particular type of case. bankruptcy :: n. a federal system of statutes and courts which p ... y proceedings trustee in bankruptcy bilateral contract :: n. an agreement in which the parties exchange prom ... also: contract unilateral contract breach :: 1) n. literally, a break. A breach may be a failur ... breach of trust breach of warranty breach of contract :: n. failing to perform any term of a contract, writ ... breach breach specific performance chain of title :: n. the succession of title ownership to real prope ... title conveyance foreclosure title closing :: n. the final step in the sale and purchase of real ... company, escrow holder or attorney. cloud on title (cloud) :: n. an actual or apparent outstanding claim on the ... ion reconveyance title title report 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." common property :: n. 1) real property owned by "tenants in common," ... e, like parks and national forests. condition precedent :: n. 1) in a contract, an event which must take plac ... o the property. See also: condition 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 consideration :: n. 1) payment or money. 2) a vital element in the ... t of a promise). See also: contract contingent interest :: n. an interest in real property which, according t ... ontingent remainder future interest contract :: 1) n. an agreement with specific terms between two ... n oral contract unilateral contract conversion :: n. a civil wrong (tort) in which one converts anot ... the crime of theft. See also: theft 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 covenant not to compete :: n. a common provision in a contract for sale of a ... the sales price. See also: covenant covenants, conditions and restrictions :: n. commonly called "CC and Rs," these are written ... ctive purchaser. See also: covenant 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 deed of trust :: n. a document which pledges real property to secur ... : foreclosure mortgage reconveyance defect :: n. an imperfection, quite often so great that the ... See also: defective defective title defective title :: n. an apparent title to real property which fails ... so: chain of title defect defective demise :: 1) v. an old-fashioned expression meaning to lease ... r life. 3) n. death. 4) n. failure. 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 dominant estate :: n. in real estate law, the property retained when ... See also: easement servient estate 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 encumbrance :: (incumbrance)n. a general term for any claim or li ... and must be paid for at some point. escrow :: 1) n. a form of account held by an "escrow agent" ... w the deal." See also: escrow agent 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 fee simple :: n. absolute title to land, free of any other claim ... e:" or similar words. See also: fee 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. 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 :: v. to transfer real property from a title holder ( ... deed grantee grantor quitclaim deed grant deed :: n. the document which transfers title to real prop ... rant grantee grantor quitclaim deed grantor-grantee index :: n. a set of books and/or computerized lists found ... ument in tracking a chain of title. guarantee :: 1) v. to pledge or agree to be responsible for ano ... as some defect. See also: guarantor hostile possession :: n. occupancy of a piece of real property coupled w ... verse possession quiet title action implied covenant of good faith and fair dealing :: n. a general assumption of the law of contracts, t ... -long employment. See also: implied installment contract :: n. an agreement in which payments of money, delive ... n contract failure of consideration interest :: n. 1) any and all, partial or total right to prope ... nal property real property standing joint tenancy :: n. a crucial relationship in the ownership of real ... ty property tenancy in common title judicial foreclosure :: n. a judgment by a court in favor of foreclosure o ... deed of trust foreclosure mortgage jurisdiction :: n. the authority given by law to a court to try ca ... Superior Court Supreme Court venue laches :: n. the legal doctrine that a legal right or claim ... , breach of contract, fraud, etc.). land :: n. real property, real estate (and all that grows ... See also: real estate real property lease :: 1) n. a written agreement in which the owner of pr ... triple net lease unlawful detainer 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. license :: 1) n. governmental permission to perform a particu ... eement. See also: licensee licensor 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. limited liability :: n. the maximum amount a person participating in a ... ted damages partnership shareholder 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 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 muniment of title :: n. documentary evidence of title to real property. ... also: deed quiet title action title nominal party :: n. a defendant or a plaintiff included in a lawsui ... ed. See also: necessary party party non-conforming use :: n. the existing use (residential, commercial, agri ... eneral plan grandfathered in zoning notice :: n. 1) information, usually in writing in all legal ... Thirty-day notice three-day notice 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. option :: n. a right to purchase property or require another ... ng or upon expiration of the lease. oral contract :: n. an agreement made with spoken words and either ... itten. See also: agreement contract partnership :: n. a business enterprise entered into for profit w ... partnership partner silent partner party of the first part :: n. reference in a written contract to identify one ... ies another party to the agreement. performance :: n. fulfillment of one's obligations required by co ... nce. See also: specific performance personal services :: n. in contract law, the talents of a person which ... his/her unique ability and product. personalty :: n. movable assets (things, including animals) whic ... lso: personal effects real property 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 power of attorney :: n. a written document signed by a person giving an ... y, as in a real estate transaction. prescription :: n. the method of acquiring an easement upon anothe ... ty. See also: prescriptive easement prescriptive easement :: n. an easement upon another's real property acquir ... on. See also: easement prescription private road :: n. a road or driveway on privately owned property, ... ng. See also: prescriptive easement privity :: n. contact, connection or mutual interest between ... with the seller. See also: contract promise :: 1) n. a firm agreement to perform an act, refrain ... so: consideration contract covenant promissory estoppel :: n. a false statement treated as a promise by a cou ... lue of his work. See also: estoppel promissory note :: n. a written promise by a person (variously called ... lso: interest obligee obligor usury property :: n. anything that is owned by a person or entity. P ... rty real property separate property property tax :: n. an annual governmental tax on real property or ... are made. See also: ad valorem tax public easement :: n. the right of the general public to use certain ... lso: easement prescriptive easement quiet title action :: n. a lawsuit to establish a party's title to real ... opposition. See also: notice title quitclaim deed :: n. a real property deed which transfers (conveys) ... also: convey deed grant deed 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 property :: n. 1) all land, structures, firmly attached and in ... onal property real estate reversion reasonable reliance :: n. particularly in contracts, what a prudent perso ... the following:." See also: contract reconveyance :: n. in those states which use deeds of trust as a m ... conveyance. See also: deed of trust record :: 1) v. (ree-cored) to put a document into the offic ... eeding race to the courthouse trial remainder :: n. in real property law, the interest in real prop ... ed reversion title vested remainder rental value :: n. the amount which would be paid for rental of si ... alimony to be paid. See also: rent restraint on alienation :: n. an attempt in a deed or will to prevent the sal ... enant rule against perpetuities use restrictive covenant :: n. 1) an agreement included in a deed to real prop ... o: covenant that runs with the land resulting trust :: n. a trust implied by law (as determined by a cour ... See also: constructive trust trust reversion :: n. in real property, the return to the grantor or ... lled "reverter." See also: reverter right of way :: n. 1) a pathway or road with a specific descriptio ... s easement egress floating easement rule against perpetuities :: n. the legal prohibition against tying up property ... . See also: restraint on alienation seduction :: n. the use of charm, salesmanship, promises, gifts ... ry breach of promise date rape rape seisin :: (sees-in) n. an old feudal term for having both po ... perty). See also: fee simple seized seized :: (seised) n. 1) having ownership, commonly used in ... by force. See also: seisin seizure self-defense :: n. the use of reasonable force to protect oneself ... ndalism. See also: assault homicide separate property :: n. in community property states (California, Texas ... pouse. See also: community property service by publication :: n. serving a summons or other legal document in a ... perty. See also: service of process servient estate :: n. real property which has an easement or other us ... See also: dominant estate easement specific performance :: n. the right of a party to a contract to demand th ... artwork. See also: contract prayer spot zoning :: n. a provision in a general plan which benefits a ... . See also: grandfathered in zoning statute of limitations :: n. a law which sets the maximum period which one c ... ies. See also: demurrer laches toll subject to :: adj. referring to the acquisition of title to real ... : assumption deed of trust mortgage substantial performance :: n. in the law of contracts, fulfillment of the obl ... also: contract specific performance 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 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 insurance :: n. a policy issued by an insurance company guarant ... : chain of title title title search title report :: n. the written analysis of the status of title to ... lso: abstract title title insurance title search :: n. the examination of county records for the prope ... e escrow lien title title insurance trespass :: n. entering another person's property without perm ... for an illegal purpose is a crime. undivided interest :: n. title to real property held by two or more pers ... y by the entirety tenancy in common unilateral contract :: n. an agreement to pay in exchange for performance ... consideration contract performance 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. 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 - CC.I.F. :: n. the total of cost, insurance and freight charge ... aid on goods purchased and shipped.calendar :: 1) n. the list of cases to be called for trial bef ... clerk of the court calendars cases. calendar call :: n. the hearing at which a case is set for trial. ... g at which a case is set for trial. call :: n. the demand by a corporation that a stockholder ... assessment on shares already owned. calumny :: n. the intentional and generally vicious false acc ... 's reputation. See also: defamation cancel :: v. to cross out, annul, destroy, void and/or resci ... g, so that it cannot be used again. cancellation :: cancel ... cancel caning :: n. a punishment for crimes employed in certain Asi ... last century in the United States. canon law :: n. laws and regulations over ecclesiastical (churc ... nduct with no religious connection. cap :: n. slang for maximum, as the most interest that ca ... "adjustable rate" promissory note. capital :: 1) n. from Latin for caput, meaning "head," the ba ... count capital assets stock in trade capital account :: n. the record which lists all basic assets of a bu ... or the alleged value of good will. capital assets :: n. equipment, property, and funds owned by a busin ... . See also: capital capital account capital expenditure :: n. payment by a business for basic assets such as ... y intended to improve productivity. capital gains :: n. the difference between the sales price and the ... so: basis delayed exchange exchange capital investment :: capital expenditure ... capital expenditure capital offense :: n. any criminal charge which is punishable by the ... . See also: bail capital punishment capital punishment :: n. execution (death) for a capital offense. The U. ... or death. See also: capital offense capital stock :: n. the original amount paid by investors into a co ... price. See also: corporation stock capitalization :: n. 1) the act of counting anticipated earnings and ... for conversion into capital assets. |