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Dictionary of Law |
deed :: legal definitionDeed - 1) n. the written document which transfers title (ownership) or an interest in real property to another person. The deed must describe the real property, name the party transferring the property (grantor), the party receiving the property (grantee) and be signed by the grantor, who must then acknowledge before a notary public that he/she/it executed the deed. To complete the transfer (conveyance) the deed must be recorded in the office of the County Recorder or Recorder of Deeds. There are two basic types of deeds: a warranty deed, which guarantees that the grantor owns title, and the quitclaim deed, which transfers only that interest in the real property which the grantor actually has. The quitclaim is often used among family members or from one joint owner to the other when there is little question about existing ownership, or just to clear the title. This is not to be confused with a deed of trust, which is a form of mortgage. 2) v. to transfer title by a written deed. See also: conveyance deed of trust warranty deed and Related Law Terms ↓ Related Law Termsabeyance :: 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 acknowledgment :: n. the section at the end of a document where a no ... me leases and various other papers. 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 after-acquired title :: n. title to property acquired after the owner atte ... ed title goes automatically to Sam. amend :: v. to alter or change by adding, subtracting, or s ... mended pleading statute stipulation appeal :: 1) v. to ask a higher court to reverse the decisio ... ng, as in "he has filed an appeal." 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. assume :: v. to take over the liability for a debt on a prom ... he assumption. See also: assumption attachment :: n. the seizing of money or property prior to getti ... bond. See also: writ of attachment attorney-in-fact :: n. someone specifically named by another through a ... cument. See also: power of attorney bankruptcy :: n. a federal system of statutes and courts which p ... y proceedings trustee in bankruptcy breach :: 1) n. literally, a break. A breach may be a failur ... breach of trust breach of warranty breach of warranty :: n. determination that a statement as to title of p ... See also: implied warranty warranty chain of title :: n. the succession of title ownership to real prope ... title conveyance foreclosure title charitable remainder trust (Charitable Remainder Irrevocable Unitrust) :: n. a form of trust in which the donor (trustor or ... ed up or committed. See also: trust claim in bankruptcy :: n. the written claim filed by persons or businesse ... : bankruptcy bankruptcy proceedings 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." commingling :: n. the act of mixing the funds belonging to one pa ... rust accounts for funds of another. common law :: n. the traditional unwritten law of England, based ... plied without reference to statute. community property :: n. property and profits received by a husband and ... and distribution separate property complaint :: n. the first document filed with the court (actual ... g prayer service of process summons 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 confidential relation :: n. a relationship in which one person has confiden ... remely obvious. See also: fiduciary constructive trust :: n. when a person has title to property and/or take ... tence. See also: constructive trust consumer protection laws :: n. almost all states and the federal government ha ... rranty product liability securities contract :: 1) n. an agreement with specific terms between two ... n oral contract unilateral contract 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 covenant :: 1) n. a promise in a written contract or a deed of ... o compete deed restrictive covenant cross-complaint :: n. after a complaint has been filed against a defe ... g prayer service of process summons damages :: n. the amount of money which a plaintiff (the pers ... liquidated damages special damages dedication :: n. the giving of land by a private person or entit ... perty. See also: quiet title action 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. deposition :: n. the taking and recording of testimony of a witn ... See also: deponent depose discovery 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 discovery :: n. the entire efforts of a party to a lawsuit and ... ee also: deposition interrogatories divorce :: 1) n. the termination of a marriage by legal actio ... y separate property spousal support 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. enjoin :: v. for a court to order that someone either do a s ... so: injunction temporary injunction 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 tail :: n. an old feudal expression for a title to real pr ... rest only. See also: fee fee simple 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 fraudulent conveyance :: n. the transfer (conveyance) of title to real prop ... the conveyance will probably fail. free and clear :: adj. referring to the ownership of real property u ... the title has no claim against it. 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. hearsay rule :: n. the basic rule that testimony or documents whic ... interest dying declaration hearsay hostile possession :: n. occupancy of a piece of real property coupled w ... verse possession quiet title action implied warranty :: n. an assumption at law that products are "merchan ... er. See also: caveat emptor implied impound :: v. 1) to collect funds, in addition to installment ... cases. See also: forfeit forfeiture in kind :: adj. referring to payment, distribution or substit ... . See also: distribution trust will in propria persona :: adj. from Latin "for one's self," acting on one's ... client and an ass for an attorney." indenture :: n. a type of real property deed in which two parti ... bind a person to work for another. insurance :: n. a contract (insurance policy) in which the insu ... t clause Workers' Compensation Acts 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 jury :: n. one of the remarkable innovations of the Englis ... hallenge sequester venire voir dire 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 lapse :: 1) v. to fail to occur, particularly a gift made i ... eficiary devisee legatee trust will last clear chance :: n. a rule of law in determining responsibility for ... contributory negligence negligence law :: n. 1) any system of regulations to govern the cond ... um maritime law natural law statute law book :: n. any of numerous volumes dealing with law, inclu ... : common law law Shepardize statute 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. levy :: 1) v. to seize (take) property upon a writ of exec ... heriff's sale tax writ of execution 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 marital deduction :: n. an estate tax deduction allowed a surviving spo ... community property estate tax trust 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 motion :: n. a formal request made to a judge for an order o ... g, an oral motion may be permitted. motion for a summary judgment :: n. a written request for a judgment in the moving ... strict procedures. See also: motion 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 notice :: n. 1) information, usually in writing in all legal ... Thirty-day notice three-day notice operation of law :: n. a change or transfer which occurs automatically ... atically upon the child turning 18. oral contract :: n. an agreement made with spoken words and either ... itten. See also: agreement contract paid into court :: adj. referring to money deposited with the clerk o ... differences. See also: interpleader palimony :: n. a substitute for alimony in cases in which the ... the relationship. See also: alimony party of the first part :: n. reference in a written contract to identify one ... ies another party to the agreement. peremptory challenge :: n. the right of the plaintiff and the defendant in ... challenge for cause jury voir dire 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 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. 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 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 race to the courthouse :: n. slang for the rule that the first deed, deed of ... e also: deed judgment lien mortgage 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 record :: 1) v. (ree-cored) to put a document into the offic ... eeding race to the courthouse trial reformation :: n. the correction or change of an existing documen ... neral partner sues for reformation. remainder :: n. in real property law, the interest in real prop ... ed reversion title vested remainder 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 rule against perpetuities :: n. the legal prohibition against tying up property ... . See also: restraint on alienation sanction :: n. 1) a financial penalty imposed by a judge on a ... ction." See also: contempt of court satisfaction of judgment :: n. a document signed by a judgment creditor (the p ... ord. See also: abstract of judgment search warrant :: n. a written order by a judge which permits a law ... ble cause search search and seizure seisin :: (sees-in) n. an old feudal term for having both po ... perty). See also: fee simple seized 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 summary adjudication of issues :: n. a court order ruling that certain factual issue ... is made. See also: summary judgment summary judgment :: n. a court order ruling that no factual issues rem ... tion summary adjudication of issues surrebutal :: n. in written or oral legal argument, the response ... h until the judge stops the debate. tenancy by the entirety :: n. joint ownership of title by husband and wife, i ... ee also: community property tenancy 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 trust :: n. an entity created to hold assets for the benefi ... testamentary trust trustee trustor trust deed :: n. another name for a deed of trust, a form of mor ... paid back. See also: deed of trust trustee :: n. a person or entity who holds the assets (corpus ... es. See also: settlor trust trustor 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. variance :: n. 1) an exception to a zoning ordinance, authoriz ... process." See also: dismissal proof warranty :: n. a written statement of good quality of merchand ... of the contract. See also: warrant warranty deed :: n. a deed to real property which guarantees that t ... : grant deed quitclaim deed warrant 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 - DD.A. :: n. slang for District Attorney. ... n. slang for District Attorney.d.b.a. :: n. short for "doing business as," when a person or ... that is registered with the state. D.U.I. :: n. short for driving under the influence of alcoho ... ing under the influence of alcohol. D.W.I. :: n. 1) short for driving while intoxicated. 2) abbr ... for dying without issue (children). damages :: n. the amount of money which a plaintiff (the pers ... liquidated damages special damages dangerous :: adj. unsafe, hazardous, fraught with risk. It can ... eapon's range. See also: negligence dangerous weapon :: n. any gun, knife, sword, crossbow, slingshot or o ... igence and possibly win a judgment. date rape :: n. forcible sexual intercourse by a male acquainta ... physical resistance. See also: rape day in court :: n. popular term for everyone's opportunity to brin ... rt to protest his speeding ticket." de facto :: adj. Latin for "in fact." Often used in place of " ... ave not been met. See also: de jure de facto corporation :: n. a company which operates as if it were a corpor ... also: de facto de jure ultra vires de jure :: adj. Latin for "lawful," as distinguished from de ... also: de facto de jure corporation de jure corporation :: n. a corporation in good standing under the law, a ... also: de facto corporation de jure de minimis :: adj. (dee-minnie-miss) Latin for "of minimum impor ... deal, a $10 mistake is de minimis. de novo :: adj. Latin for "anew," which means starting over, ... n, de novo. See also: trial de novo deadly weapon :: n. any weapon which can kill. This includes not on ... See also: assault dangerous weapon dealer :: n. anyone who buys goods or property for the purpo ... ins taxes by buying other property. death penalty :: n. the sentence of execution for murder and some o ... rder and some other capital crimes. death row :: n. nickname for that portion of a prison in which ... o: capital punishment death penalty debenture :: n. a form of bond certificate issued by a corporat ... n shares of stock or general bonds. |