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Dictionary of Law |
operation of law :: legal definitionOperation of law - n. a change or transfer which occurs automatically due to existing laws and not an agreement or court order. Examples: a joint tenant obtains full title to real property when the other joint tenant dies; a spouse in a community property state will take title to all community property if the spouse dies without a will that leaves some of the dead mate's interest in the community property to another; or a guardianship of a minor ad litem (for purposes of a lawsuit) ends automatically upon the child turning 18. Related Law Termsabandon :: v. to intentionally and permanently give up, surre ... lso: abandoned property abandonmentabandoned property :: n. property left behind (often by a tenant) intent ... -use. See also: abandon abandonment abandonment :: 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 adverse possession :: n. a means to acquire title to land through obviou ... o: possession prescriptive easement after-acquired title :: n. title to property acquired after the owner atte ... ed title goes automatically to Sam. 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. chain of title :: n. the succession of title ownership to real prope ... title conveyance foreclosure title 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. community property :: n. property and profits received by a husband and ... and distribution separate property condition precedent :: n. 1) in a contract, an event which must take plac ... o the property. See also: condition condominium :: n. title to a unit of real property which, in real ... ium projects. See also: common area cotenancy :: n. the situation when more than one person has an ... y by the entirety tenancy in common covenant :: 1) n. a promise in a written contract or a deed of ... o compete deed restrictive 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 descent :: n. the rules of inheritance established by law in ... on inheritance intestate succession easement :: n. the right to use the real property of another f ... rstandings at the time of creation. equity :: n. 1) a venerable group of rights and procedures t ... ry enjoin equitable injunction writ eviction :: n. a generic word for the act of expelling (kickin ... ve eviction lease unlawful detainer 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 joint :: adj., adv. referring to property, rights or obliga ... ncy joint venture tenancy in common joint tenancy :: n. a crucial relationship in the ownership of real ... ty property tenancy in common title laches :: n. the legal doctrine that a legal right or claim ... , breach of contract, fraud, etc.). 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 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 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 possession :: n. 1) any article, object, asset or property which ... ctive possession. See also: possess possibility of a reverter :: n. the potential that the title to a real property ... further issue. See also: reversion privity :: n. contact, connection or mutual interest between ... with the seller. See also: contract property :: n. anything that is owned by a person or entity. P ... rty real property separate property quasi community property :: n. in community property states, property acquired ... : community property palimony quasi 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 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 reentry :: n. taking back possession and going into real prop ... ages. See also: landlord and tenant 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 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 separate property :: n. in community property states (California, Texas ... pouse. See also: community property shield laws :: n. statutes enacted in some states which declare t ... See also: privileged communication subject to :: adj. referring to the acquisition of title to real ... : assumption deed of trust mortgage tenancy :: n. the right to occupy real property permanently, ... rety tenancy in common tenant title 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 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 tort :: n. from French for "wrong," a civil wrong or wrong ... nce slander trespass wrongful death 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. 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 - OO.R. :: n. short for "own recognizance," meaning the judge ... "OR-ed." See also: own recognizanceO.S.C. :: n. short for order to show cause. See also: order ... ause. See also: order to show cause oath :: n. 1) a swearing to tell the truth, the whole trut ... ountry. See also: affidavit perjury obiter dicta :: : (oh-bitter dick-tah) n. remarks of a judge which ... imply dicta. See also: dicta dictum object :: 1) v. to ask the court not to allow a particular q ... he contract..." See also: objection objection :: n. a lawyer's protest about the legal propriety of ... ng question object overrule sustain obligation :: n. a legal duty to pay or do something. ... legal duty to pay or do something. obligee :: (ah-bluh-jee) n. the person or entity to whom an o ... ne to be paid on a promissory note. obligor :: (ah-bluh-gore) n. the person or entity who owes an ... who must pay on a promissory note. obscene :: adj., adv. a highly subjective reference to materi ... en I see it." See also: pornography obstruction of justice :: n. an attempt to interfere with the administration ... n arrest. Such activity is a crime. occupancy :: n. 1) living in or using premises, as a tenant or ... ining ownership. See also: occupant occupant :: n. 1) someone living in a residence or using premi ... gain ownership. See also: occupancy occupation :: n. 1) fairly permanent trade, profession, employme ... of real property or use of a thing. occupational disease :: n. an illness resulting from long-term employment ... tion for a work-related disability. occupational hazard :: n. a danger or risk inherent in certain employment ... e of death or injury while at work. occupy the field :: v. to preempt (monopolize) an area of statutory la ... ertain topics. See also: preemption of counsel :: adj. reference to an attorney who is not actively ... quiring his/her full-time presence. off calendar :: adj. refers to an order of the court to take a law ... of either party. See also: calendar offender :: n. an accused defendant in a criminal case or one ... crime. See also: accused defendant |