|
|
|
|
Dictionary of Law |
Founded: 552 real property :: n. 1) all land, structures, firmly attached and in ... onal property real estate reversion easement :: n. the right to use the real property of another f ... rstandings at the time of creation. prescriptive easement :: n. an easement upon another's real property acquir ... on. See also: easement prescription property damage :: n. injury to real or personal property through ano ... l value. See also: damages property public easement :: n. the right of the general public to use certain ... lso: easement prescriptive easement real estate investment trust :: n. nicknamed REIT, a real estate investment organi ... its upon sale-if there is a profit. floating easement :: n. an easement (a right to use another's property ... of the easement. See also: easement 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 tangible property :: n. physical articles (things) as distinguished fro ... operty personal property personalty abandoned property :: n. property left behind (often by a tenant) intent ... -use. See also: abandon abandonment real estate :: n. land, improvements and buildings thereon, inclu ... the future. See also: real property common property :: n. 1) real property owned by "tenants in common," ... e, like parks and national forests. after-acquired property :: n. 1) personal or real property acquired by a debt ... lso: bankruptcy secured transaction quiet title action :: n. a lawsuit to establish a party's title to real ... opposition. See also: notice title literary property :: n. the writings of an author which entitles him/he ... as copyrighted. See also: copyright realty :: n. a short form of "real estate." See also: real e ... real estate." See also: real estate public property :: n. property owned by the government or one of its ... l public. See also: common property servient estate :: n. real property which has an easement or other us ... See also: dominant estate easement real party in interest :: n. the person or entity who will benefit from a la ... st is the beneficiary of the trust. community property :: n. property and profits received by a husband and ... and distribution separate property record :: 1) v. (ree-cored) to put a document into the offic ... eeding race to the courthouse trial title search :: n. the examination of county records for the prope ... e escrow lien title title insurance covenant :: 1) n. a promise in a written contract or a deed of ... o compete deed restrictive covenant dominant estate :: n. in real estate law, the property retained when ... See also: easement servient estate adverse :: adj. clearly contrary, such as an adverse party be ... the property, such as an easement. adverse possession :: n. a means to acquire title to land through obviou ... o: possession prescriptive easement abstract of title :: n. the written report on a title search which show ... e also: chain of title title report appurtenant :: adj. pertaining to something that attaches. In rea ... t. See also: easement real property prescription :: n. the method of acquiring an easement upon anothe ... ty. See also: prescriptive easement encroach :: v. to build a structure which is in whole or in pa ... wn property. See also: encroachment landlocked :: adj. referring to a parcel of real property which ... which it was created (carved out). notice :: n. 1) information, usually in writing in all legal ... Thirty-day notice three-day notice quasi community property :: n. in community property states, property acquired ... : community property palimony quasi interest :: n. 1) any and all, partial or total right to prope ... nal property real property standing encumbrance :: (incumbrance)n. a general term for any claim or li ... and must be paid for at some point. exception in deed :: n. a notation in a deed of title to real property ... the transfer (conveyance) of title. separate property :: n. in community property states (California, Texas ... pouse. See also: community property 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 operation of law :: n. a change or transfer which occurs automatically ... atically upon the child turning 18. occupation :: n. 1) fairly permanent trade, profession, employme ... of real property or use of a thing. nominee :: n. 1) a person or entity who is requested or named ... ic office. See also: agent executor nominal party :: n. a defendant or a plaintiff included in a lawsui ... ed. See also: necessary party party muniment of title :: n. documentary evidence of title to real property. ... also: deed quiet title action title ouster :: n. 1) the wrongful dispossession (putting out) of ... ainst his/her expectations or will. non-conforming use :: n. the existing use (residential, commercial, agri ... eneral plan grandfathered in zoning note :: n. a promissory note, a written statement of debt ... the note. See also: promissory note non-contiguous :: adj. referring to two or more parcels of real prop ... l property which are not connected. notorious possession :: n. occupation of real property or holding personal ... e is as if the person is the owner. personal effects :: n. things which include clothes, cosmetics and ite ... e, Susannah"). See also: personalty privity :: n. contact, connection or mutual interest between ... with the seller. See also: contract post :: v. 1) to place a notice on the entrance or a promi ... or recording a payment. 4) to mail. probate :: 1) n. the process of proving a will is valid and t ... e also: administrator executor will promissory note :: n. a written promise by a person (variously called ... lso: interest obligee obligor usury mortgagor :: n. the person who has borrowed money and pledged h ... agee). See also: mortgage mortgagee possibility of a reverter :: n. the potential that the title to a real property ... further issue. See also: reversion possessory interest :: n. in real estate, the intent and right of a perso ... o: possess possession real property partition :: n. a lawsuit which one co-owner of real property c ... sell, keep or divide the property. parcel :: n. a defined piece of real estate, usually resulti ... See also: real estate real property peaceable possession :: n. in real estate, holding property without any ad ... to possession or title by another. perfect :: : (with stress on the second syllable) v. 1) to co ... perfect. See also: mechanic's lien personalty :: n. movable assets (things, including animals) whic ... lso: personal effects real property paramount title :: n. a right to real property which prevails over an ... n's claim of title. See also: title license :: 1) n. governmental permission to perform a particu ... eement. See also: licensee licensor landlady :: n. female of landlord or owner of real property fr ... rents or leases. See also: landlord land :: n. real property, real estate (and all that grows ... See also: real estate real property laches :: n. the legal doctrine that a legal right or claim ... , breach of contract, fraud, etc.). landlord :: n. a person who owns real property and rents or le ... so: lease lessee lessor rent tenant lease :: 1) n. a written agreement in which the owner of pr ... triple net lease unlawful detainer legacy :: n. a gift of personal property or money to a benef ... o: beneficiary bequest legatee will leasehold :: n. the real estate which is the subject of a lease ... sehold. See also: condominium lease jurisdiction :: n. the authority given by law to a court to try ca ... Superior Court Supreme Court venue jurat :: (jur-at) n. Latin for "been sworn," the portion of ... wledgment declaration notary public insurance :: n. a contract (insurance policy) in which the insu ... t clause Workers' Compensation Acts indenture :: n. a type of real property deed in which two parti ... bind a person to work for another. indefeasible :: adj. cannot be altered or voided, usually in refer ... ce to an interest in real property. intervening cause :: n. an event which occurs between the original impr ... cause negligence superseding cause inverse condemnation :: n. the taking of property by a government agency w ... e also: condemnation eminent domain judicial foreclosure :: n. a judgment by a court in favor of foreclosure o ... deed of trust foreclosure mortgage joint tenancy :: n. a crucial relationship in the ownership of real ... ty property tenancy in common title legatee :: n. a person or organization receiving a gift of an ... eficiary devise devisee legacy will lessor :: n. the owner of real property who rents it to a le ... lord and tenant lease lessee tenant metes and bounds :: (meets and bounds) n. a surveyor's description of ... of a parcel or lot are first drawn. merger :: n. 1) in corporate law, the joining together of tw ... and taking one, and wife the other. mechanic's lien :: n. the right of a craftsman, laborer, supplier, ar ... ll sue for the debt. See also: lien mining claim :: n. a description by boundaries of real property in ... g within a specific period of time. moiety :: : (moy-et-tee) n. half. Generally a reference to i ... perty, moiety is seldom used today. mortgage :: n. a document in which the owner pledges his/her/i ... losure notice of default trust deed monument :: n. 1) an established landmark which a surveyor use ... torn down or substantially altered. marketable title :: n. the title to real property which has no encumbr ... e. See also: contract real property market value :: n. the price which a seller of property would rece ... ich are often called "comparables." leverage :: 1) n. the use of borrowed money to purchase real e ... e been created by risky leveraging. let :: v. 1) to allow or permit. This is distinguished fr ... rson. See also: lease rent sublease proprietary rights :: n. those rights which go with ownership of real pr ... hip of real property or a business. lien :: n. any official claim or charge against property o ... ord's lien mechanic's lien mortgage lis pendens :: (lease pen-dense) n. Latin for "a suit pending," a ... ob can be penalized by court order. life estate :: n. the right to use or occupy real property for on ... hter, Sadie, will own the property. mortgagee :: n. the person or business making a loan that is se ... money. See also: mortgage mortgagor restriction :: n. any limitation on activity, by statute, regulat ... rated into the title of each owner. title insurance :: n. a policy issued by an insurance company guarant ... : chain of title title title search title :: n. 1) ownership of real property or personal prope ... ink slip real property title search tenure :: n. 1) in real property, the right to possess the p ... e a probationary period has passed. title report :: n. the written analysis of the status of title to ... lso: abstract title title insurance tort :: n. from French for "wrong," a civil wrong or wrong ... nce slander trespass wrongful death triple net lease :: n. a lease in which the lessee's (tenant's) rent i ... ers and malls. See also: lease rent trespass :: n. entering another person's property without perm ... for an illegal purpose is a crime. tenement :: n. 1) a term found in older deeds or in boiler-pla ... d by stairways. See also: structure tenant :: n. a person who occupies real property owned by an ... rental payments. See also: tenancy take :: v. to gain or obtain possession, including the rec ... eal property or stealing an object. syndicate :: n. a joint venture among individuals and/or corpor ... l dissolve. See also: joint venture tax :: n. a governmental assessment (charge) upon propert ... unified estate and gift tax use tax tenancy :: n. the right to occupy real property permanently, ... rety tenancy in common tenant title tenancy in common :: n. title to property (usually real property, but i ... on. See also: joint tenancy tenancy tenancy at will :: n. occupation of real property owned by another un ... right to occupy. See also: tenancy unconstitutional :: adj. referring to a statute, governmental conduct, ... ee also: constitution Supreme Court undivided interest :: n. title to real property held by two or more pers ... y by the entirety tenancy in common writ of execution :: n. a court order to a sheriff to enforce a judgmen ... ing plaintiff). See also: execution waste :: n. 1) any damage to real property by a tenant whic ... ch may include poisonous effluents. incorporeal :: adj. referring to a thing which is not physical, s ... his is distinguished from tangible. intangible property :: n. items such as stock in a company which represen ... t are not actual, tangible objects. private property :: n. land not owned by the government or dedicated t ... ernment or dedicated to public use. personal property :: n. same as "personalty." See also: personalty ... "personalty." See also: personalty warranty deed :: n. a deed to real property which guarantees that t ... : grant deed quitclaim deed warrant warrant :: 1) n. an order (writ) of a court which directs a l ... e search and seizure search warrant use :: n. the right to enjoy the benefits of real propert ... ay it is only of academic interest. unlawful detainer :: n. 1) keeping possession of real property without ... Thirty-day notice three-day notice vendee :: n. a buyer, particularly of real property. ... yer, particularly of real property. vendor :: n. a seller, particularly of real property. ... ler, particularly of real property. vested remainder :: n. the absolute right to receive title after a pre ... pass to him. See also: vest vested vest :: v. to give an absolute right to title or ownership ... . See also: vested vested remainder survivorship :: n. the right to receive full title or ownership du ... onvenience. See also: joint tenancy surrender :: v. 1) to turn over possession of real property, ei ... lf up to law enforcement officials. rental value :: n. the amount which would be paid for rental of si ... alimony to be paid. See also: rent rent :: 1) v. to hire an object or real property for a per ... ice. See also: lease month-to-month reserve :: v. to keep for oneself a right or a portion of the ... e to another. See also: reservation 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 in kind :: adj. referring to payment, distribution or substit ... . See also: distribution trust will remainderman :: n. the person who will receive a remainder in real ... real property. See also: remainder remainder :: n. in real property law, the interest in real prop ... ed reversion title vested remainder reconveyance :: n. in those states which use deeds of trust as a m ... conveyance. See also: deed of trust quitclaim deed :: n. a real property deed which transfers (conveys) ... also: convey deed grant deed title redeem :: v. to buy back, as when an owner who had mortgaged ... so: foreclosure mortgage redemption reentry :: n. taking back possession and going into real prop ... ages. See also: landlord and tenant reliction :: n. gradual change of water line on real property w ... more dry land. See also: accretion release :: 1) v. to give up a right as releasing one from his ... the writing that grants a release. reversion :: n. in real property, the return to the grantor or ... lled "reverter." See also: reverter right :: 1) n. an entitlement to something, whether to conc ... e also: civil rights marital rights statute of frauds :: n. law in every state which requires that certain ... ulent title claims. See also: fraud springing interest :: n. a future right to title to real property create ... lso: future interest interest title straw man :: n. 1) a person to whom title to property or a busi ... a trail will mislead hunting dogs). subcontractor :: n. a person or business which has a contract (as a ... ependent contractor mechanic's lien substantial performance :: n. in the law of contracts, fulfillment of the obl ... also: contract specific performance subject to :: adj. referring to the acquisition of title to real ... : assumption deed of trust mortgage service by publication :: n. serving a summons or other legal document in a ... perty. See also: service of process self-dealing :: n. in the stock market, using secret "inside" info ... ederal Securities and Exchange Act. running with the land :: adj. permanently part of the title (ownership) to ... title (ownership) to real property. rule against perpetuities :: n. the legal prohibition against tying up property ... . See also: restraint on alienation satisfaction of mortgage :: n. a document signed by a lender acknowledging tha ... id off the debt. See also: mortgage savings and loan :: n. a banking and lending institution, chartered ei ... vings into the home finance market. seisin :: (sees-in) n. an old feudal term for having both po ... perty). See also: fee simple seized search :: v. 1) to examine another's premises (including a v ... e search and seizure search warrant puffing :: n. the exaggeration of the good points of a produc ... seller is possible. See also: fraud satisfaction of judgment :: n. a document signed by a judgment creditor (the p ... ord. See also: abstract of judgment condition precedent :: n. 1) in a contract, an event which must take plac ... o the property. See also: condition color of title :: n. the appearance of having title to personal or r ... rty based on this "color of title." 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 contingent remainder :: n. an interest, particularly in real estate proper ... contingent interest future interest contingent interest :: n. an interest in real property which, according t ... ontingent remainder future interest collateral :: 1) n. property pledged to secure a loan or debt, u ... ral to the Colorado divorce action. cloud on title (cloud) :: n. an actual or apparent outstanding claim on the ... ion reconveyance title title report capital gains :: n. the difference between the sales price and the ... so: basis delayed exchange exchange 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 chattel :: n. an item of personal property which is movable, ... ments). See also: personal property clear title :: n. holding ownership of real property without any ... s which might affect the ownership. continuing trespass :: n. the repeat-ed unauthorized use of anoth- er's r ... l illegal entry. See also: trespass convey :: v. to transfer title (official ownership) to real ... ion conveyance deed grantee grantor deficiency judgment :: n. a judgment for an amount not covered by the val ... o: foreclosure judicial foreclosure 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. determinable :: adj. defining something which may be terminated up ... es or no longer lives in the house. devisee :: n. a person who receives a gift of real property b ... will. See also: beneficiary legatee devise :: 1) v. an old-fashioned word for giving real proper ... so: bequest gift legacy remise will deed of trust :: n. a document which pledges real property to secur ... : foreclosure mortgage reconveyance deed :: 1) n. the written document which transfers title ( ... veyance deed of trust warranty deed cotenancy :: n. the situation when more than one person has an ... y by the entirety tenancy in common conveyance :: n. a generic term for any written document which t ... r Recorder of Deeds. See also: deed cotenant :: n. one who holds an interest in real property toge ... or more others. See also: cotenancy indispensable party :: n. a person or entity which must be included in a ... tion to join Olivia as a defendant. dedication :: n. the giving of land by a private person or entit ... perty. See also: quiet title action bequeath :: v. to give personal property under provisions of a ... s of a will. See also: bequest will bar :: 1) n. collectively all attorneys, as "the bar," wh ... a room, building, or real property. abut :: v. when two parcels of real property touch each ot ... of real property touch each other. abstract of judgment :: n. a written summary of a judgment which states ho ... aying the debt. See also: levy lien acceleration clause :: n. a provision in a contract or promissory note th ... . See also: acceleration assumption access :: n. 1) in real estate the right and ability to get ... See also: DNA egress paternity suit ad valorem :: adj. Latin for "based on value," which applies to ... per parcel. See also: property tax ingress :: 1) n. entrance. 2) n. the right to enter. 3) v. th ... property. See also: easement egress private road :: n. a road or driveway on privately owned property, ... ng. See also: prescriptive easement abstract :: n. in general, a summary of a record or document, ... tract of judgment abstract of title in fee simple :: adj. referring to holding clear title to real prop ... property. See also: fee fee simple reservation :: n. a provision in a deed which keeps (reserves) to ... reserves lot 5." See also: reserve proper party :: n. a person or entity who has an interest (financi ... lf. See also: necessary party party right of way :: n. 1) a pathway or road with a specific descriptio ... s easement egress floating easement abeyance :: 1) n. when the owner- ship of property has not bee ... 2) legal jargon for "undetermined." addendum :: n. an addition to a completed written document. Mo ... proposals or included fraudulently. administrator :: n. the person appointed by the court to handle the ... e also: administer executor probate assign :: 1) v. to transfer to another person any asset such ... en shows up in contracts and wills. assess :: v. to set a value on property, usually for the pur ... e place upon sale of real property. assignee :: n. a person to whom property is transferred by sal ... rly real property. See also: assign assume :: v. to take over the liability for a debt on a prom ... he assumption. See also: assumption bankruptcy :: n. a federal system of statutes and courts which p ... y proceedings trustee in bankruptcy attached :: adj. 1) referring to two buildings which are conne ... o: attachment fixture trade fixture arm's length :: adj. the description of an agreement made by two p ... th" transaction. See also: contract appreciate :: v. to increase in value over a period of time thro ... securities. See also: appreciation amortization :: n. a periodic payment plan to pay a debt in which ... payment. See also: promissory note alienation :: n. the transfer of title to real property, volunta ... such as a mortgage. See also: alien ancillary administration :: n. administration of an estate's assets in another ... or "subordinate." See also: probate appraise :: v. to professionally evaluate the value of propert ... surance claims. See also: appraiser appraiser :: n. a professional who makes appraisals of the valu ... isal Institute). See also: appraise devolution :: n. 1) the transfer of title to real property by th ... nment to another. See also: devolve basis :: n. the original cost of an asset to be used to det ... ssistance. See also: adjusted basis foreclosure :: n. the system by which a party who has loaned mone ... ced sale mortgage notice of default fixture :: n. a piece of equipment which has been attached to ... ary repair. See also: trade fixture foreclosure sale :: n. the actual forced sale of real property at a pu ... dicial sale mortgage sheriff's sale fraud in the inducement :: n. the use of deceit or trick to cause someone to ... nt. See also: extrinsic fraud fraud free and clear :: adj. referring to the ownership of real property u ... the title has no claim against it. fraudulent conveyance :: n. the transfer (conveyance) of title to real prop ... the conveyance will probably fail. fiduciary :: 1) n. from the Latin fiducia, meaning "trust," a p ... lation fiduciary relationship trust fertile octogenarian :: n. an unrealistic notion that any person (male or ... e passed laws to cure this anomaly. executory interest :: n. an interest in property (particularly real esta ... or never, if certain events occur. execution :: n. 1) the act of getting an officer of the court t ... so: death penalty writ of execution expectancy :: n. a possibility of future enjoyment of something ... o: distribution remainder reversion fair market value :: n. the amount for which property would sell on the ... so: appraise appraiser market value fee tail :: n. an old feudal expression for a title to real pr ... rest only. See also: fee fee simple freehold :: n. any interest in real property which is a life e ... -year variety). See also: leasehold future interest :: n. a right to receive either real property or pers ... maturity (age 18) or upon marriage. burden :: n. anything that results in a restrictive load upo ... perty to reach his home (easement). hostile possession :: n. occupancy of a piece of real property coupled w ... verse possession quiet title action adequate remedy :: n. a remedy (money or performance) awarded by a co ... es it, giving cause for his arrest. implied warranty :: n. an assumption at law that products are "merchan ... er. See also: caveat emptor implied improvement :: n. any permanent structure on real property, or an ... g trees) which increases its value. holding :: 1) n. any ruling or decision of a court. 2) n. any ... 4) v. keeping in one's possession. guardian :: n. a person who has been appointed by a judge to t ... torship. See also: conservator ward good title :: n. ownership of real property which is totally fre ... or deed of trust on the property). gift in contemplation of death :: n. (called a gift causa mortis by lawyers showing ... ift tax unified estate and gift tax 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 grantee :: n. the party who receives title to real property ( ... or quitclaim deed. See also: grant excise :: n. a tax upon manufacture, sale or for a business ... s redundantly called an excise tax. grantor :: n. the party who transfers title in real property ... or quitclaim deed. See also: grant equity of redemption :: n. the right of a mortgagor (person owing on a loa ... so: foreclosure mortgage redemption estate :: n. 1) all that one owns in real estate and other a ... ife estate probate real estate will eminent domain :: n. the power of a governmental entity (federal, st ... ngs. See also: condemn condemnation escrow :: 1) n. a form of account held by an "escrow agent" ... w the deal." See also: escrow agent ejectment :: n. a lawsuit brought to remove a party who is occu ... o the property through her parents. escrow agent :: n. a person or entity holding documents and funds ... on local practice. See also: escrow dispossess :: v. to eject someone from real property, either leg ... ty, either legally or by self-help. eviction :: n. a generic word for the act of expelling (kickin ... ve eviction lease unlawful detainer equity :: n. 1) a venerable group of rights and procedures t ... ry enjoin equitable injunction writ exchange :: 1) v. to trade or barter property, goods and/or se ... ins tax. See also: delayed exchange petty larceny :: n. a term used in many states for theft of a small ... emeanor in charging and sentencing. levy :: 1) v. to seize (take) property upon a writ of exec ... heriff's sale tax writ of execution lienor :: n. a person who holds a lien on another's property ... s property or funds. See also: lien marital deduction :: n. an estate tax deduction allowed a surviving spo ... community property estate tax trust penalty :: n. 1) in criminal law, a money fine or forfeiture ... contractor fails to complete a job. lessee :: n. the person renting property under a written lea ... lord and tenant lease lessor tenant perfected :: adj. having completed all necessary legal steps to ... itle to property. See also: perfect legal separation :: n. a court-decreed right to live apart, with the r ... n is rarely used. See also: divorce just compensation :: n. 1) in general a fair and reasonable amount of m ... ation make one whole quantum meruit pledge :: v. to deposit personal property as security for a ... ise to do something. See also: pawn subordination agreement :: n. a written contract in which a lender who has se ... ty records. See also: subordination landlord and tenant :: n. the name for the area of law concerning renting ... ord lease lessee lessor rent tenant latent defect :: n. a hidden flaw, weakness or imperfection in an a ... warranty product liability warranty landlord's lien :: n. the right of a landlord to sell abandoned perso ... to the ex-tenant and a public sale. misappropriation :: n. the intentional, illegal use of the property or ... mbezzlement fiduciary larceny theft pawn :: v. to pledge an item of personal property as secur ... nsed by the state. See also: pledge patent defect :: n. an obvious flaw in a product or a document (suc ... he property description in a deed). omnibus clause :: n. 1) an automobile insurance policy clause which ... he beneficiaries named in the will. option :: n. a right to purchase property or require another ... ng or upon expiration of the lease. order :: 1) n. every direction or mandate of a judge or a c ... defendant. See also: judge judgment party wall :: n. a wall shared by two adjoining premises which i ... the property of one of the parties. outbuilding :: n. a structure not connected with the primary resi ... arn, cabana, pool house or cottage. offset :: 1) n. also called a "setoff," the deduction by a d ... e also: counterclaim defense setoff nuisance :: n. the unreasonable, unwarranted and/or unlawful u ... evening). See also: public nuisance negligence :: n. failure to exercise the care toward others whic ... gence per se res ipsa loquitur tort mitigation of damages :: n. the requirement that someone injured by another ... he lease) to mitigate his/her loss. no fault divorce :: n. divorces (dissolutions) in which neither spouse ... and South Dakota. See also: divorce joint :: adj., adv. referring to property, rights or obliga ... ncy joint venture tenancy in common notice to quit :: n. the notice given by a landlord (owner) to a ten ... h-to-month notice unlawful detainer notice of default :: n. a notice to a borrower with property as securit ... notice of default. See also: notice peculation :: n. misappropriation of public (government) funds o ... roperty. See also: misappropriation investment :: n. the money put into use for profit, or the prope ... chased for profit. See also: invest gift :: n. the voluntary transfer of property (including m ... ift tax unified estate and gift tax fruit of the poisonous tree :: n. in criminal law, the doctrine that evidence dis ... property. See also: Miranda warning fraud :: n. the intentional use of deceit, a trick or some ... audulent conveyance intrinsic fraud grand larceny :: n. the crime of theft of another's property (inclu ... f the loot. See also: larceny theft grandfather clause :: n. 1) a clause in a statute or zoning ordinance (p ... Such laws are now unconstitutional. heir :: n. one who acquires property upon the death of ano ... y pretermitted heir succession will gross negligence :: n. carelessness which is in reckless disregard for ... damages negligence punitive damages grandfathered in :: adj. refers to continued allowed use of property a ... or zoning ordinances were adopted. franchise :: 1) n. a right granted by the government to a perso ... on property, income or profits tax. forfeiture :: n. loss of property due to a violation of law. See ... violation of law. See also: forfeit expropriation :: n. a taking of property or rights by governmental ... the taker. See also: eminent domain expense :: n. in business accounting and business taxation, a ... ment. See also: capital expenditure exemplary damages :: n. often called punitive damages, these are damage ... See also: damages punitive damages extortion :: n. obtaining money or property by threat to a vict ... . See also: blackmail robbery theft extreme cruelty :: n. an archaic requirement to show infliction of ph ... ring the suffering spouse (victim). forfeit :: v. to lose property or rights involuntarily as a p ... drunk driving. See also: forfeiture false pretenses :: n. the crime of knowingly making untrue statements ... orm of theft. See also: fraud theft heirs of the body :: n. descendants of one's bloodline, such as childre ... nal owner. See also: heir reversion hereditament :: n. any kind of property which can be inherited. Th ... till found in some wills and deeds. insolvency :: n. 1) the condition of having more debts (liabilit ... the property. See also: bankruptcy injunction :: n. a writ (order) issued by a court ordering someo ... t. See also: injunctive relief writ incidental beneficiary :: n. someone who obtains a benefit as the result of ... parent. See also: beneficiary trust inter vivos :: (in-tur veye-vohs) adj. Latin for "among the livin ... e will. See also: inter vivos trust inter vivos trust :: n. a trust created by a writing (declaration of tr ... nter vivos testamentary trust trust possession :: n. 1) any article, object, asset or property which ... ctive possession. See also: possess invest :: v. to put money into a business or buy property or ... mplete gamble. See also: investment intestacy :: n. the condition of having died without a valid wi ... e. See also: intestate probate will inchoate :: adj. or adv. referring to something which has begu ... ract which has not been formalized. in rem :: adj. from Latin "against or about a thing," referr ... cular person. See also: in personam homestead :: 1) n. the house and lot of a homeowner which the h ... s in "he homesteaded the property." holder :: n. a general term for anyone in possession of prop ... older in due course promissory note hit and run :: n. the crime of a driver of a vehicle who is invol ... , and then walks back to the scene. hypothecate :: v. from Greek for "pledge," a generic term for usi ... sion. See also: secured transaction impound :: v. 1) to collect funds, in addition to installment ... cases. See also: forfeit forfeiture in personam :: adj. (in purr-soh-nam) from Latin for "directed to ... here. See also: in rem jurisdiction in lieu :: prep. instead. "In lieu taxes" are use taxes paid ... go through the foreclosure process. invitee :: n. a person who comes onto another's property, pre ... ail employees. See also: negligence private nuisance :: n. the interference with an individual's peaceful ... See also: nuisance public nuisance restraining order :: n. a temporary order of a court to keep conditions ... so: injunction permanent injunction restitution :: n. 1) returning to the proper owner property or th ... her a shorter sentence than normal. Restatement of the Law :: n. a series of detailed statements of the basic la ... tracts, property, torts and trusts. resulting trust :: n. a trust implied by law (as determined by a cour ... See also: constructive trust trust retroactive :: adj. referring to a court's decision or a statute ... ospective." See also: ex post facto senior lien :: n. the first security interest (lien or claim) pla ... rtgage race to the courthouse UCC-1 riot :: n. 1) technically a turbulent and violent disturba ... to unlawful possession of firearms. trustee :: n. a person or entity who holds the assets (corpus ... es. See also: settlor trust trustor execute :: v. 1) to finish, complete or perform as required, ... ishment contract executed execution remedy :: n. the means to achieve justice in any matter in w ... gment provisional remedy settlement relief :: n. generic term for all types of benefits which an ... r possibilities. See also: judgment Uniform Commercial Code :: n. a set of statutes governing the conduct of busi ... s except Louisiana. See also: UCC-1 repossess :: v. to take back property through judicial processe ... upon default in required payments. separation agreement :: n. an agreement between two married people who hav ... divorce legal separation separation rescue doctrine :: n. the rule of law that if a rescuer of a person h ... to the car grill. See also: damages UCC-1 :: n. a financing agreement form for using personal p ... (UCC) adopted in almost all states. risk :: n. chances of danger or loss, particularly of prop ... so: assumption of risk risk of loss risk of loss :: n. the responsibility a carrier, borrower or user ... e is damage or loss. See also: risk seized :: (seised) n. 1) having ownership, commonly used in ... by force. See also: seisin seizure tax sale :: n. an auction sale of a taxpayer's property conduc ... government to collect unpaid taxes. sell :: v. to transfer possession and ownership of goods o ... of equivalent value. See also: sale self-defense :: n. the use of reasonable force to protect oneself ... ndalism. See also: assault homicide self-executing :: adj. immediately effective without further action, ... party the right to try to collect. theft :: n. the generic term for all crimes in which a pers ... rglary embezzlement larceny robbery self-help :: n. 1) obtaining relief or enforcing one's rights w ... maximizing of one's opportunities. security interest :: n. generic term for the property rights of a lende ... : deed of trust lien mortgage UCC-1 trader :: in U.S. income tax law, a person who deals in prop ... ultation with a C.P.A. or attorney. trust :: n. an entity created to hold assets for the benefi ... testamentary trust trustee trustor secured transaction :: n. any loan or credit in which property is pledged ... d of trust lien mortgage pawn UCC-1 robbery :: n. 1) the direct taking of property (including mon ... We've been robbed." See also: theft transfer in contemplation of death :: n. giving property under the belief of the giver t ... lso: gift in contemplation of death transfer :: n. 1) the movement of property from one person or ... son or shipment to continue travel. seller :: n. one who sells goods or other property to a buye ... er (purchaser). See also: sale sell securities :: n. generic term for shares of stock, bonds and deb ... ee also: bond debenture share stock sheriff's sale :: n. an auction sale of property held by the sheriff ... so: execution forced sale levy writ swindle :: v. to cheat through trick, device, false statement ... orm of theft. See also: fraud theft writ of attachment :: n. a court order directing a sheriff (or other law ... hat defendant. See also: attachment implied :: adj., adv. referring to circumstances, conduct or ... nt implied consent implied warranty public :: 1) n. the people of the nation, state, county, dis ... lands and public and private roads. willfully :: adv. referring to doing something intentionally, p ... on the property." See also: willful public use :: n. the only purpose for which private property can ... e also: condemnation eminent domain widow's election :: n. the choice a widow makes between accepting what ... nt and distribution succession will subordination :: n. allowing a debt or claim which has priority to ... . See also: subordination agreement protest :: 1) v. to complain in some public way about any act ... dishonored (not paid by the bank). probable cause :: n. sufficient reason based upon known facts to bel ... of Rights search search and seizure primogeniture :: n. from Latin for "first born," the ancient rule f ... oes not exist in the United States. prenuptial agreement :: n. also called an antenuptial agreement, a written ... been "taken" by a previous spouse. power of appointment :: n. the right to leave property by will, transfer, ... death of the person with the power. tenancy by the entirety :: n. joint ownership of title by husband and wife, i ... ee also: community property tenancy privileges and immunities :: n. the fundamental rights that people enjoy in fre ... t impinge on constitutional rights. survivor :: n. a person who outlives another, as in "to my son ... are alive they are both survivors. pro rata :: (proh rat-ah or proh ray-tah) adj. from Latin for ... e year in which he/she holds title. succession :: n. the statutory rules of inheritance of a dead pe ... istribution." See also: inheritance quasi in rem :: adj. referring to a legal action which is primaril ... See also: in personam in rem quasi variance :: n. 1) an exception to a zoning ordinance, authoriz ... process." See also: dismissal proof wanton :: adj. 1) grossly negligent to the extent of being r ... sexually immoral and unrestrained. specific legacy :: n. a gift in a will of a certain article or proper ... ecific bequest specific devise will unjust enrichment :: n. a benefit by chance, mistake or another's misfo ... perty. See also: constructive trust redemption :: n. the act of redeeming, buying back property by p ... ts of foreclosure. See also: redeem special damages :: n. damages claimed and/or awarded in a lawsuit whi ... . See also: damages general damages special master :: n. a person appointed by the court to carry out an ... ting to the judge. See also: master spot zoning :: n. a provision in a general plan which benefits a ... . See also: grandfathered in zoning recovery :: n. the amount of money and any other right or prop ... ceived by a plaintiff in a lawsuit. receiver :: n. 1) a neutral person (often a professional trust ... owing they were obtained illegally. recapture :: n. in income tax, the requirement that upon sale o ... capital gains. See also: income tax ratable :: adj. taxable according to value, such as an estate ... lue, such as an estate or property. statute of limitations :: n. a law which sets the maximum period which one c ... ies. See also: demurrer laches toll receivership :: n. the process of appointment by a court of a rece ... n receivership." See also: receiver stakeholder :: n. a person having in his/her possession (holding) ... ment or agreement. See also: escrow recoverable :: adj. referring to the amount of money to which a p ... ehicle." See also: damages judgment pour over will :: n. a will of a person who has already executed a t ... invalid trust. See also: trust will carrier :: n. in general, any person or business which transp ... lso: common carrier private carrier bond :: n. 1) written evidence of debt issued by a company ... good up to the amount of the bond. broker :: n. in general, a person who arranges contracts bet ... security ("hocked") at high rates. bulk sales acts :: n. state laws (spelled out in the Uniform Commerci ... g without paying current creditors. bona fide purchaser :: n. commonly called BFP in legal and banking circle ... See also: BFP holder in due course bona fide :: adj. Latin for "good faith," it signifies honesty, ... t doubt on the right to hold title. bad debt :: n. an uncollectible debt. The problem is to determ ... ust no income on which to be taxed. statutory rape :: n. sexual intercourse with a female below the lega ... majority minority molestation rape specific devise :: n. the gift in a will of a certain piece of real e ... ther, David." See also: devise will capitalized value :: n. anticipated earnings which are discounted (give ... as favorably as expected or hoped. case system :: n. the method of studying law generally used in Am ... Langdell and soon became standard. reformation :: n. the correction or change of an existing documen ... neral partner sues for reformation. confidential relation :: n. a relationship in which one person has confiden ... remely obvious. See also: fiduciary conflict of interest :: n. a situation in which a person has a duty to mor ... a position adverse to the customer. color of law :: n. the appearance of an act being performed based ... xtort payoffs to forget the ticket. closing :: n. the final step in the sale and purchase of real ... company, escrow holder or attorney. ripe :: adj. in constitutional law, referring to a law cas ... or more issues raised by the case. cashier's check :: n. a check issued by a bank on its own account for ... ansfers, tax payments and the like. attorney-in-fact :: n. someone specifically named by another through a ... cument. See also: power of attorney attempt :: v. and n. to actually try to commit a crime and ha ... felt he tried but did not succeed. will :: n. a written document which leaves the estate of t ... will and testament probate testator warranty :: n. a written statement of good quality of merchand ... of the contract. See also: warrant abuse of discretion :: n. a polite way of saying a trial judge has made s ... partner's realistic ability to pay. a priori assumption :: (ah-pree-ory) n. from Latin, an assumption that is ... when the reality is not so certain. zoning :: n. a system of developing a city or county plan in ... овской гарантии . |