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Dictionary of Law |
Founded: 587 personal effects :: n. things which include clothes, cosmetics and ite ... e, Susannah"). See also: personalty real property :: n. 1) all land, structures, firmly attached and in ... onal property real estate reversion personalty :: n. movable assets (things, including animals) whic ... lso: personal effects real property after-acquired property :: n. 1) personal or real property acquired by a debt ... lso: bankruptcy secured transaction property damage :: n. injury to real or personal property through ano ... l value. See also: damages property property :: n. anything that is owned by a person or entity. P ... rty real property separate property tangible property :: n. physical articles (things) as distinguished fro ... operty personal property personalty personal property :: n. same as "personalty." See also: personalty ... "personalty." See also: personalty property tax :: n. an annual governmental tax on real property or ... are made. See also: ad valorem tax real estate investment trust :: n. nicknamed REIT, a real estate investment organi ... its upon sale-if there is a profit. real estate :: n. land, improvements and buildings thereon, inclu ... the future. See also: real property literary property :: n. the writings of an author which entitles him/he ... as copyrighted. See also: copyright common property :: n. 1) real property owned by "tenants in common," ... e, like parks and national forests. notorious possession :: n. occupation of real property or holding personal ... e is as if the person is the owner. interest :: n. 1) any and all, partial or total right to prope ... nal property real property standing notice :: n. 1) information, usually in writing in all legal ... Thirty-day notice three-day notice mortgage :: n. a document in which the owner pledges his/her/i ... losure notice of default trust deed legatee :: n. a person or organization receiving a gift of an ... eficiary devise devisee legacy will personal services :: n. in contract law, the talents of a person which ... his/her unique ability and product. legacy :: n. a gift of personal property or money to a benef ... o: beneficiary bequest legatee will real party in interest :: n. the person or entity who will benefit from a la ... st is the beneficiary of the trust. right :: 1) n. an entitlement to something, whether to conc ... e also: civil rights marital rights separate property :: n. in community property states (California, Texas ... pouse. See also: community property tenancy in common :: n. title to property (usually real property, but i ... on. See also: joint tenancy tenancy quasi community property :: n. in community property states, property acquired ... : community property palimony quasi use :: n. the right to enjoy the benefits of real propert ... ay it is only of academic interest. promissory note :: n. a written promise by a person (variously called ... lso: interest obligee obligor usury realty :: n. a short form of "real estate." See also: real e ... real estate." See also: real estate writ of execution :: n. a court order to a sheriff to enforce a judgmen ... ing plaintiff). See also: execution title :: n. 1) ownership of real property or personal prope ... ink slip real property title search personal service :: n. delivering a summons, complaint, notice to quit ... process substituted service summons bankruptcy :: n. a federal system of statutes and courts which p ... y proceedings trustee in bankruptcy devise :: 1) v. an old-fashioned word for giving real proper ... so: bequest gift legacy remise will bequeath :: v. to give personal property under provisions of a ... s of a will. See also: bequest will color of title :: n. the appearance of having title to personal or r ... rty based on this "color of title." public property :: n. property owned by the government or one of its ... l public. See also: common property devisee :: n. a person who receives a gift of real property b ... will. See also: beneficiary legatee abandoned property :: n. property left behind (often by a tenant) intent ... -use. See also: abandon abandonment community property :: n. property and profits received by a husband and ... and distribution separate property future interest :: n. a right to receive either real property or pers ... maturity (age 18) or upon marriage. collateral :: 1) n. property pledged to secure a loan or debt, u ... ral to the Colorado divorce action. guardian :: n. a person who has been appointed by a judge to t ... torship. See also: conservator ward gift in contemplation of death :: n. (called a gift causa mortis by lawyers showing ... ift tax unified estate and gift tax chattel :: n. an item of personal property which is movable, ... ments). See also: personal 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. metes and bounds :: (meets and bounds) n. a surveyor's description of ... of a parcel or lot are first drawn. mining claim :: n. a description by boundaries of real property in ... g within a specific period of time. marketable title :: n. the title to real property which has no encumbr ... e. See also: contract real property 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. fee tail :: n. an old feudal expression for a title to real pr ... rest only. See also: fee fee simple market value :: n. the price which a seller of property would rece ... ich are often called "comparables." fertile octogenarian :: n. an unrealistic notion that any person (male or ... e passed laws to cure this anomaly. fiduciary :: 1) n. from the Latin fiducia, meaning "trust," a p ... lation fiduciary relationship trust mortgagee :: n. the person or business making a loan that is se ... money. See also: mortgage mortgagor occupant :: n. 1) someone living in a residence or using premi ... gain ownership. See also: occupancy occupancy :: n. 1) living in or using premises, as a tenant or ... ining ownership. See also: occupant note :: n. a promissory note, a written statement of debt ... the note. See also: promissory note occupation :: n. 1) fairly permanent trade, profession, employme ... of real property or use of a thing. operation of law :: n. a change or transfer which occurs automatically ... atically upon the child turning 18. parcel :: n. a defined piece of real estate, usually resulti ... See also: real estate real property paramount title :: n. a right to real property which prevails over an ... n's claim of title. See also: title ouster :: n. 1) the wrongful dispossession (putting out) of ... ainst his/her expectations or will. non-contiguous :: adj. referring to two or more parcels of real prop ... l property which are not connected. non-conforming use :: n. the existing use (residential, commercial, agri ... eneral plan grandfathered in zoning mortgagor :: n. the person who has borrowed money and pledged h ... agee). See also: mortgage mortgagee license :: 1) n. governmental permission to perform a particu ... eement. See also: licensee licensor monument :: n. 1) an established landmark which a surveyor use ... torn down or substantially altered. fair market value :: n. the amount for which property would sell on the ... so: appraise appraiser market value expectancy :: n. a possibility of future enjoyment of something ... o: distribution remainder reversion 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 moiety :: : (moy-et-tee) n. half. Generally a reference to i ... perty, moiety is seldom used today. leasehold :: n. the real estate which is the subject of a lease ... sehold. See also: condominium lease inverse condemnation :: n. the taking of property by a government agency w ... e also: condemnation eminent domain intervening cause :: n. an event which occurs between the original impr ... cause negligence superseding cause grant deed :: n. the document which transfers title to real prop ... rant grantee grantor quitclaim deed grant :: v. to transfer real property from a title holder ( ... deed grantee grantor quitclaim deed joint tenancy :: n. a crucial relationship in the ownership of real ... ty property tenancy in common title freehold :: n. any interest in real property which is a life e ... -year variety). See also: leasehold judicial foreclosure :: n. a judgment by a court in favor of foreclosure o ... deed of trust foreclosure mortgage good title :: n. ownership of real property which is totally fre ... or deed of trust on the property). 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. hostile possession :: n. occupancy of a piece of real property coupled w ... verse possession quiet title action grantee :: n. the party who receives title to real property ( ... or quitclaim deed. See also: grant holding :: 1) n. any ruling or decision of a court. 2) n. any ... 4) v. keeping in one's possession. implied warranty :: n. an assumption at law that products are "merchan ... er. See also: caveat emptor implied in fee simple :: adj. referring to holding clear title to real prop ... property. See also: fee fee simple indefeasible :: adj. cannot be altered or voided, usually in refer ... ce to an interest in real property. in kind :: adj. referring to payment, distribution or substit ... . See also: distribution trust will jurat :: (jur-at) n. Latin for "been sworn," the portion of ... wledgment declaration notary public jurisdiction :: n. the authority given by law to a court to try ca ... Superior Court Supreme Court venue lease :: 1) n. a written agreement in which the owner of pr ... triple net lease unlawful detainer landlord :: n. a person who owns real property and rents or le ... so: lease lessee lessor rent tenant landlocked :: adj. referring to a parcel of real property which ... which it was created (carved out). grantor :: n. the party who transfers title in real property ... or quitclaim deed. See also: grant lessor :: n. the owner of real property who rents it to a le ... lord and tenant lease lessee tenant fixture :: n. a piece of equipment which has been attached to ... ary repair. See also: trade fixture let :: v. 1) to allow or permit. This is distinguished fr ... rson. See also: lease rent sublease 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 fraudulent conveyance :: n. the transfer (conveyance) of title to real prop ... the conveyance will probably fail. partition :: n. a lawsuit which one co-owner of real property c ... sell, keep or divide the property. free and clear :: adj. referring to the ownership of real property u ... the title has no claim against it. laches :: n. the legal doctrine that a legal right or claim ... , breach of contract, fraud, etc.). fraud in the inducement :: n. the use of deceit or trick to cause someone to ... nt. See also: extrinsic fraud fraud 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 leverage :: 1) n. the use of borrowed money to purchase real e ... e been created by risky leveraging. reentry :: n. taking back possession and going into real prop ... ages. See also: landlord and tenant 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 survivorship :: n. the right to receive full title or ownership du ... onvenience. See also: joint tenancy 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 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 tenancy at will :: n. occupation of real property owned by another un ... right to occupy. See also: tenancy surrender :: v. 1) to turn over possession of real property, ei ... lf up to law enforcement officials. substantial performance :: n. in the law of contracts, fulfillment of the obl ... also: contract specific performance springing interest :: n. a future right to title to real property create ... lso: future interest interest title servient estate :: n. real property which has an easement or other us ... See also: dominant estate easement service by publication :: n. serving a summons or other legal document in a ... perty. See also: service of process statute of frauds :: n. law in every state which requires that certain ... ulent title claims. See also: fraud straw man :: n. 1) a person to whom title to property or a busi ... a trail will mislead hunting dogs). subject to :: adj. referring to the acquisition of title to real ... : assumption deed of trust mortgage subcontractor :: n. a person or business which has a contract (as a ... ependent contractor mechanic's lien tenure :: n. 1) in real property, the right to possess the p ... e a probationary period has passed. title insurance :: n. a policy issued by an insurance company guarant ... : chain of title title title search 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 vendor :: n. a seller, particularly of real property. ... ler, particularly of real property. warrant :: 1) n. an order (writ) of a court which directs a l ... e search and seizure search warrant warranty deed :: n. a deed to real property which guarantees that t ... : grant deed quitclaim deed warrant incorporeal :: adj. referring to a thing which is not physical, s ... his is distinguished from tangible. waste :: n. 1) any damage to real property by a tenant whic ... ch may include poisonous effluents. vendee :: n. a buyer, particularly of real property. ... yer, particularly of real property. unlawful detainer :: n. 1) keeping possession of real property without ... Thirty-day notice three-day notice tort :: n. from French for "wrong," a civil wrong or wrong ... nce slander trespass wrongful death title search :: n. the examination of county records for the prope ... e escrow lien title title insurance title report :: n. the written analysis of the status of title to ... lso: abstract title title insurance trespass :: n. entering another person's property without perm ... for an illegal purpose is a crime. triple net lease :: n. a lease in which the lessee's (tenant's) rent i ... ers and malls. See also: lease rent undivided interest :: n. title to real property held by two or more pers ... y by the entirety tenancy in common unconstitutional :: adj. referring to a statute, governmental conduct, ... ee also: constitution Supreme Court self-dealing :: n. in the stock market, using secret "inside" info ... ederal Securities and Exchange Act. seisin :: (sees-in) n. an old feudal term for having both po ... perty). See also: fee simple seized quiet title action :: n. a lawsuit to establish a party's title to real ... opposition. See also: notice title acknowledgment :: n. the section at the end of a document where a no ... me leases and various other papers. puffing :: n. the exaggeration of the good points of a produc ... seller is possible. See also: fraud quitclaim deed :: n. a real property deed which transfers (conveys) ... also: convey deed grant deed title reconveyance :: n. in those states which use deeds of trust as a m ... conveyance. See also: deed of trust redeem :: v. to buy back, as when an owner who had mortgaged ... so: foreclosure mortgage redemption record :: 1) v. (ree-cored) to put a document into the offic ... eeding race to the courthouse trial proprietary rights :: n. those rights which go with ownership of real pr ... hip of real property or a business. probate :: 1) n. the process of proving a will is valid and t ... e also: administrator executor will 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 perfect :: : (with stress on the second syllable) v. 1) to co ... perfect. See also: mechanic's lien post :: v. 1) to place a notice on the entrance or a promi ... or recording a payment. 4) to mail. prescription :: n. the method of acquiring an easement upon anothe ... ty. See also: prescriptive easement privity :: n. contact, connection or mutual interest between ... with the seller. See also: contract prescriptive easement :: n. an easement upon another's real property acquir ... on. See also: easement prescription executory interest :: n. an interest in property (particularly real esta ... or never, if certain events occur. release :: 1) v. to give up a right as releasing one from his ... the writing that grants a release. 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 reversion :: n. in real property, the return to the grantor or ... lled "reverter." See also: reverter satisfaction of judgment :: n. a document signed by a judgment creditor (the p ... ord. See also: abstract of judgment satisfaction of mortgage :: n. a document signed by a lender acknowledging tha ... id off the debt. See also: mortgage search :: v. 1) to examine another's premises (including a v ... e search and seizure search warrant savings and loan :: n. a banking and lending institution, chartered ei ... vings into the home finance market. restrictive covenant :: n. 1) an agreement included in a deed to real prop ... o: covenant that runs with the land restriction :: n. any limitation on activity, by statute, regulat ... rated into the title of each owner. 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 reliction :: n. gradual change of water line on real property w ... more dry land. See also: accretion rent :: 1) v. to hire an object or real property for a per ... ice. See also: lease month-to-month 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 reserve :: v. to keep for oneself a right or a portion of the ... e to another. See also: reservation peaceable possession :: n. in real estate, holding property without any ad ... to possession or title by another. improvement :: n. any permanent structure on real property, or an ... g trees) which increases its value. 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 adverse possession :: n. a means to acquire title to land through obviou ... o: possession prescriptive easement adverse :: adj. clearly contrary, such as an adverse party be ... the property, such as an easement. access :: n. 1) in real estate the right and ability to get ... See also: DNA egress paternity suit acceleration clause :: n. a provision in a contract or promissory note th ... . See also: acceleration assumption ad valorem :: adj. Latin for "based on value," which applies to ... per parcel. See also: property tax 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 appreciate :: v. to increase in value over a period of time thro ... securities. See also: appreciation appurtenant :: adj. pertaining to something that attaches. In rea ... t. See also: easement real property 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 clear title :: n. holding ownership of real property without any ... s which might affect the ownership. private property :: n. land not owned by the government or dedicated t ... ernment or dedicated to public use. basis :: n. the original cost of an asset to be used to det ... ssistance. See also: adjusted basis bar :: 1) n. collectively all attorneys, as "the bar," wh ... a room, building, or real property. assess :: v. to set a value on property, usually for the pur ... e place upon sale of real property. arm's length :: adj. the description of an agreement made by two p ... th" transaction. See also: contract assign :: 1) v. to transfer to another person any asset such ... en shows up in contracts and wills. assignee :: n. a person to whom property is transferred by sal ... rly real property. See also: assign attached :: adj. 1) referring to two buildings which are conne ... o: attachment fixture trade fixture abut :: v. when two parcels of real property touch each ot ... of real property touch each other. abstract of title :: n. the written report on a title search which show ... e also: chain of title title report chattel mortgage :: n. an outmoded written document which made a chatt ... ed by the property. See also: UCC-1 limited partnership :: n. a special type of partnership which is very com ... mited liability partner partnership notice to quit :: n. the notice given by a landlord (owner) to a ten ... h-to-month notice unlawful detainer pawn :: v. to pledge an item of personal property as secur ... nsed by the state. See also: pledge bequest :: n. the gift of personal property under the terms o ... e been made). See also: legacy will conflict of interest :: n. a situation in which a person has a duty to mor ... a position adverse to the customer. landlord's lien :: n. the right of a landlord to sell abandoned perso ... to the ex-tenant and a public sale. dowry :: n. from the days when a groom expected to profit f ... sts in the Civil Code of Louisiana. executive clemency :: n. the power of a President in federal criminal ca ... ernor. See also: commutation pardon hotchpot :: n. the putting together, blending or mixing of var ... t in the hotchpot and then divided. injunction :: n. a writ (order) issued by a court ordering someo ... t. See also: injunctive relief writ insolvency :: n. 1) the condition of having more debts (liabilit ... the property. See also: bankruptcy pledge :: v. to deposit personal property as security for a ... ise to do something. See also: pawn quasi in rem :: adj. referring to a legal action which is primaril ... See also: in personam in rem quasi execution :: n. 1) the act of getting an officer of the court t ... so: death penalty writ of execution Uniform Commercial Code :: n. a set of statutes governing the conduct of busi ... s except Louisiana. See also: UCC-1 abeyance :: 1) n. when the owner- ship of property has not bee ... 2) legal jargon for "undetermined." abstract :: n. in general, a summary of a record or document, ... tract of judgment abstract of title abstract of judgment :: n. a written summary of a judgment which states ho ... aying the debt. See also: levy lien UCC-1 :: n. a financing agreement form for using personal p ... (UCC) adopted in almost all states. theft :: n. the generic term for all crimes in which a pers ... rglary embezzlement larceny robbery self-defense :: n. the use of reasonable force to protect oneself ... ndalism. See also: assault homicide bad debt :: n. an uncollectible debt. The problem is to determ ... ust no income on which to be taxed. intangible property :: n. items such as stock in a company which represen ... t are not actual, tangible objects. statute of limitations :: n. a law which sets the maximum period which one c ... ies. See also: demurrer laches toll cloud on title (cloud) :: n. an actual or apparent outstanding claim on the ... ion reconveyance title title report assume :: v. to take over the liability for a debt on a prom ... he assumption. See also: assumption determinable :: adj. defining something which may be terminated up ... es or no longer lives in the house. demise :: 1) v. an old-fashioned expression meaning to lease ... r life. 3) n. death. 4) n. failure. devolution :: n. 1) the transfer of title to real property by th ... nment to another. See also: devolve dispossess :: v. to eject someone from real property, either leg ... ty, either legally or by self-help. dominant estate :: n. in real estate law, the property retained when ... See also: easement servient estate 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 cotenant :: n. one who holds an interest in real property toge ... or more others. See also: cotenancy 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 easement :: n. the right to use the real property of another f ... rstandings at the time of creation. ejectment :: n. a lawsuit brought to remove a party who is occu ... o the property through her parents. eviction :: n. a generic word for the act of expelling (kickin ... ve eviction lease unlawful detainer estate :: n. 1) all that one owns in real estate and other a ... ife estate probate real estate will exception in deed :: n. a notation in a deed of title to real property ... the transfer (conveyance) of title. exchange :: 1) v. to trade or barter property, goods and/or se ... ins tax. See also: delayed exchange excise :: n. a tax upon manufacture, sale or for a business ... s redundantly called an excise tax. escrow agent :: n. a person or entity holding documents and funds ... on local practice. See also: escrow escrow :: 1) n. a form of account held by an "escrow agent" ... w the deal." See also: escrow agent encroach :: v. to build a structure which is in whole or in pa ... wn property. See also: encroachment 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. equity :: n. 1) a venerable group of rights and procedures t ... ry enjoin equitable injunction writ equity of redemption :: n. the right of a mortgagor (person owing on a loa ... so: foreclosure mortgage redemption conveyance :: n. a generic term for any written document which t ... r Recorder of Deeds. See also: deed deed of trust :: n. a document which pledges real property to secur ... : foreclosure mortgage reconveyance contingent interest :: n. an interest in real property which, according t ... ontingent remainder future interest condominium :: n. title to a unit of real property which, in real ... ium projects. See also: common area condition precedent :: n. 1) in a contract, an event which must take plac ... o the property. See also: condition convey :: v. to transfer title (official ownership) to real ... ion conveyance deed grantee grantor continuing trespass :: n. the repeat-ed unauthorized use of anoth- er's r ... l illegal entry. See also: trespass condition subsequent :: n. 1) in a contract, a happening which terminates ... Dad Fauntleroy. See also: condition contingent remainder :: n. an interest, particularly in real estate proper ... contingent interest future interest drop dead date :: n. a provision in a contract or a court order whic ... ng property or entering a judgment. lessee :: n. the person renting property under a written lea ... lord and tenant lease lessor tenant driving under the influence (DUI) :: n. commonly called "drunk driving," it refers to o ... (DWI), drunk driving, or a "deuce". writ of attachment :: n. a court order directing a sheriff (or other law ... hat defendant. See also: attachment expense :: n. in business accounting and business taxation, a ... ment. See also: capital expenditure fraud :: n. the intentional use of deceit, a trick or some ... audulent conveyance intrinsic fraud levy :: 1) v. to seize (take) property upon a writ of exec ... heriff's sale tax writ of execution due process of law :: n. a fundamental principle of fairness in all lega ... procedural and substantive rights. just compensation :: n. 1) in general a fair and reasonable amount of m ... ation make one whole quantum meruit exemplary damages :: n. often called punitive damages, these are damage ... See also: damages punitive damages gift :: n. the voluntary transfer of property (including m ... ift tax unified estate and gift tax 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 franchise :: 1) n. a right granted by the government to a perso ... on property, income or profits tax. fruit of the poisonous tree :: n. in criminal law, the doctrine that evidence dis ... property. See also: Miranda warning legal separation :: n. a court-decreed right to live apart, with the r ... n is rarely used. See also: divorce forfeit :: v. to lose property or rights involuntarily as a p ... drunk driving. See also: forfeiture unjust enrichment :: n. a benefit by chance, mistake or another's misfo ... perty. See also: constructive trust divorce :: 1) n. the termination of a marriage by legal actio ... y separate property spousal support variance :: n. 1) an exception to a zoning ordinance, authoriz ... process." See also: dismissal proof misappropriation :: n. the intentional, illegal use of the property or ... mbezzlement fiduciary larceny theft trustee :: n. a person or entity who holds the assets (corpus ... es. See also: settlor trust trustor 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). double taxation :: n. taxation of the same property for the same purp ... it is not discriminatory or unfair. marital deduction :: n. an estate tax deduction allowed a surviving spo ... community property estate tax trust willfully :: adv. referring to doing something intentionally, p ... on the property." See also: willful embezzlement :: n. the crime of stealing the funds or property of ... in trust. See also: embezzler theft lienor :: n. a person who holds a lien on another's property ... s property or funds. See also: lien widow's election :: n. the choice a widow makes between accepting what ... nt and distribution succession will floating easement :: n. an easement (a right to use another's property ... of the easement. See also: easement wanton :: adj. 1) grossly negligent to the extent of being r ... sexually immoral and unrestrained. false pretenses :: n. the crime of knowingly making untrue statements ... orm of theft. See also: fraud theft forfeiture :: n. loss of property due to a violation of law. See ... violation of law. See also: forfeit investment :: n. the money put into use for profit, or the prope ... chased for profit. See also: invest 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. impound :: v. 1) to collect funds, in addition to installment ... cases. See also: forfeit forfeiture equitable lien :: n. a lien on property imposed by a court in order ... lso: constructive trust equity lien in rem :: adj. from Latin "against or about a thing," referr ... cular person. See also: in personam incidental beneficiary :: n. someone who obtains a benefit as the result of ... parent. See also: beneficiary trust enjoyment :: n. 1) to exercise a right. 2) pleasure. 3) the use ... o be free of noise or interference. inchoate :: adj. or adv. referring to something which has begu ... ract which has not been formalized. hypothecate :: v. from Greek for "pledge," a generic term for usi ... sion. See also: secured transaction homestead :: 1) n. the house and lot of a homeowner which the h ... s in "he homesteaded the property." mitigation of damages :: n. the requirement that someone injured by another ... he lease) to mitigate his/her loss. hit and run :: n. the crime of a driver of a vehicle who is invol ... , and then walks back to the scene. hereditament :: n. any kind of property which can be inherited. Th ... till found in some wills and deeds. exclusionary rule :: n. the rule that evidence secured by illegal means ... e poisonous tree motion to suppress holder :: n. a general term for anyone in possession of prop ... older in due course promissory note escheat :: n. from old French eschete, which meant "that whic ... the death of the last known owner. et ux. :: (et uhks) n. abbreviation for the Latin words et u ... ression a chauvinistic anachronism. indispensable party :: n. a person or entity which must be included in a ... tion to join Olivia as a defendant. heirs of the body :: n. descendants of one's bloodline, such as childre ... nal owner. See also: heir reversion intestacy :: n. the condition of having died without a valid wi ... e. See also: intestate probate will emblements :: n. crops to which a tenant who cultivated the land ... ome the property of his/her estate. grandfathered in :: adj. refers to continued allowed use of property a ... or zoning ordinances were adopted. grandfather clause :: n. 1) a clause in a statute or zoning ordinance (p ... Such laws are now unconstitutional. embezzler :: n. a person who commits the crime of embezzlement ... r property of an employer or trust. invitee :: n. a person who comes onto another's property, pre ... ail employees. See also: negligence invest :: v. to put money into a business or buy property or ... mplete gamble. See also: investment grand larceny :: n. the crime of theft of another's property (inclu ... f the loot. See also: larceny theft inter vivos trust :: n. a trust created by a writing (declaration of tr ... nter vivos testamentary trust trust emergency :: n. a sudden, unforeseen happening which requires a ... r to protect lives and/or property. ingress :: 1) n. entrance. 2) n. the right to enter. 3) v. th ... property. See also: easement egress encroachment :: n. the act of building a structure which is in who ... hbor's property. See also: encroach heir :: n. one who acquires property upon the death of ano ... y pretermitted heir succession will expropriation :: n. a taking of property or rights by governmental ... the taker. See also: eminent domain inter vivos :: (in-tur veye-vohs) adj. Latin for "among the livin ... e will. See also: inter vivos trust gross negligence :: n. carelessness which is in reckless disregard for ... damages negligence punitive damages execute :: v. 1) to finish, complete or perform as required, ... ishment contract executed execution joint :: adj., adv. referring to property, rights or obliga ... ncy joint venture tenancy in common security interest :: n. generic term for the property rights of a lende ... : deed of trust lien mortgage UCC-1 repossess :: v. to take back property through judicial processe ... upon default in required payments. rescue doctrine :: n. the rule of law that if a rescuer of a person h ... to the car grill. See also: damages reservation :: n. a provision in a deed which keeps (reserves) to ... reserves lot 5." See also: reserve remedy :: n. the means to achieve justice in any matter in w ... gment provisional remedy settlement possession :: n. 1) any article, object, asset or property which ... ctive possession. See also: possess power of appointment :: n. the right to leave property by will, transfer, ... death of the person with the power. relief :: n. generic term for all types of benefits which an ... r possibilities. See also: judgment pour over will :: n. a will of a person who has already executed a t ... invalid trust. See also: trust will Restatement of the Law :: n. a series of detailed statements of the basic la ... tracts, property, torts and trusts. restitution :: n. 1) returning to the proper owner property or th ... her a shorter sentence than normal. right of way :: n. 1) a pathway or road with a specific descriptio ... s easement egress floating easement riot :: n. 1) technically a turbulent and violent disturba ... to unlawful possession of firearms. penalty :: n. 1) in criminal law, a money fine or forfeiture ... contractor fails to complete a job. retroactive :: adj. referring to a court's decision or a statute ... ospective." See also: ex post facto resulting trust :: n. a trust implied by law (as determined by a cour ... See also: constructive trust trust petty larceny :: n. a term used in many states for theft of a small ... emeanor in charging and sentencing. perfected :: adj. having completed all necessary legal steps to ... itle to property. See also: perfect restraining order :: n. a temporary order of a court to keep conditions ... so: injunction permanent injunction prenuptial agreement :: n. also called an antenuptial agreement, a written ... been "taken" by a previous spouse. redemption :: n. the act of redeeming, buying back property by p ... ts of foreclosure. See also: redeem probable cause :: n. sufficient reason based upon known facts to bel ... of Rights search search and seizure pro rata :: (proh rat-ah or proh ray-tah) adj. from Latin for ... e year in which he/she holds title. privileges and immunities :: n. the fundamental rights that people enjoy in fre ... t impinge on constitutional rights. public use :: n. the only purpose for which private property can ... e also: condemnation eminent domain proper party :: n. a person or entity who has an interest (financi ... lf. See also: necessary party party public easement :: n. the right of the general public to use certain ... lso: easement prescriptive easement public :: 1) n. the people of the nation, state, county, dis ... lands and public and private roads. protest :: 1) v. to complain in some public way about any act ... dishonored (not paid by the bank). disclaimer :: n. 1) denial or renunciation by someone of his/her ... ssolving a partnership or business. private road :: n. a road or driveway on privately owned property, ... ng. See also: prescriptive easement primogeniture :: n. from Latin for "first born," the ancient rule f ... oes not exist in the United States. recoverable :: adj. referring to the amount of money to which a p ... ehicle." See also: damages judgment recovery :: n. the amount of money and any other right or prop ... ceived by a plaintiff in a lawsuit. receivership :: n. the process of appointment by a court of a rece ... n receivership." See also: receiver receiver :: n. 1) a neutral person (often a professional trust ... owing they were obtained illegally. ratable :: adj. taxable according to value, such as an estate ... lue, such as an estate or property. recapture :: n. in income tax, the requirement that upon sale o ... capital gains. See also: income tax private nuisance :: n. the interference with an individual's peaceful ... See also: nuisance public nuisance peculation :: n. misappropriation of public (government) funds o ... roperty. See also: misappropriation patent defect :: n. an obvious flaw in a product or a document (suc ... he property description in a deed). spot zoning :: n. a provision in a general plan which benefits a ... . See also: grandfathered in zoning negligence :: n. failure to exercise the care toward others whic ... gence per se res ipsa loquitur tort stakeholder :: n. a person having in his/her possession (holding) ... ment or agreement. See also: escrow no fault divorce :: n. divorces (dissolutions) in which neither spouse ... and South Dakota. See also: divorce specific legacy :: n. a gift in a will of a certain article or proper ... ecific bequest specific devise will sheriff's sale :: n. an auction sale of property held by the sheriff ... so: execution forced sale levy writ 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 subordination :: n. allowing a debt or claim which has priority to ... . See also: subordination agreement subordination agreement :: n. a written contract in which a lender who has se ... ty records. See also: subordination trader :: in U.S. income tax law, a person who deals in prop ... ultation with a C.P.A. or attorney. transfer :: n. 1) the movement of property from one person or ... son or shipment to continue travel. transfer in contemplation of death :: n. giving property under the belief of the giver t ... lso: gift in contemplation of death tenancy by the entirety :: n. joint ownership of title by husband and wife, i ... ee also: community property tenancy tax sale :: n. an auction sale of a taxpayer's property conduc ... government to collect unpaid taxes. succession :: n. the statutory rules of inheritance of a dead pe ... istribution." See also: inheritance survivor :: n. a person who outlives another, as in "to my son ... are alive they are both survivors. swindle :: v. to cheat through trick, device, false statement ... orm of theft. See also: fraud theft separation agreement :: n. an agreement between two married people who hav ... divorce legal separation separation senior lien :: n. the first security interest (lien or claim) pla ... rtgage race to the courthouse UCC-1 omnibus clause :: n. 1) an automobile insurance policy clause which ... he beneficiaries named in the will. risk of loss :: n. the responsibility a carrier, borrower or user ... e is damage or loss. See also: risk offset :: 1) n. also called a "setoff," the deduction by a d ... e also: counterclaim defense setoff risk :: n. chances of danger or loss, particularly of prop ... so: assumption of risk risk of loss option :: n. a right to purchase property or require another ... ng or upon expiration of the lease. 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. order :: 1) n. every direction or mandate of a judge or a c ... defendant. See also: judge judgment robbery :: n. 1) the direct taking of property (including mon ... We've been robbed." See also: theft secured transaction :: n. any loan or credit in which property is pledged ... d of trust lien mortgage pawn UCC-1 sell :: v. to transfer possession and ownership of goods o ... of equivalent value. See also: sale seller :: n. one who sells goods or other property to a buye ... er (purchaser). See also: sale sell notice of default :: n. a notice to a borrower with property as securit ... notice of default. See also: notice self-help :: n. 1) obtaining relief or enforcing one's rights w ... maximizing of one's opportunities. self-executing :: adj. immediately effective without further action, ... party the right to try to collect. securities :: n. generic term for shares of stock, bonds and deb ... ee also: bond debenture share stock nuisance :: n. the unreasonable, unwarranted and/or unlawful u ... evening). See also: public nuisance seized :: (seised) n. 1) having ownership, commonly used in ... by force. See also: seisin seizure trust :: n. an entity created to hold assets for the benefi ... testamentary trust trustee trustor putative :: adj. commonly believed, supposed or claimed. Thus ... not the last will of the deceased. closing :: n. the final step in the sale and purchase of real ... company, escrow holder or attorney. cashier's check :: n. a check issued by a bank on its own account for ... ansfers, tax payments and the like. case system :: n. the method of studying law generally used in Am ... Langdell and soon became standard. color of law :: n. the appearance of an act being performed based ... xtort payoffs to forget the ticket. confidential relation :: n. a relationship in which one person has confiden ... remely obvious. See also: fiduciary covenant that runs with the land :: n. a promise contained in a deed to land or real e ... l future owners. See also: covenant counterfeit :: 1) adj. describing a document, particularly money, ... d for real. See also: forgery utter contiguous :: adj. connected or "next to", usually meaning adjoi ... ng adjoining pieces of real estate. capitalized value :: n. anticipated earnings which are discounted (give ... as favorably as expected or hoped. bulk sales acts :: n. state laws (spelled out in the Uniform Commerci ... g without paying current creditors. attempt :: v. and n. to actually try to commit a crime and ha ... felt he tried but did not succeed. argumentative :: adj. the characterization of a question asked by t ... oody glove just walked over there?" alter ego :: n. a corporation, organization or other entity set ... See also: pierce the corporate veil attorney-in-fact :: n. someone specifically named by another through a ... cument. See also: power of attorney bona fide :: adj. Latin for "good faith," it signifies honesty, ... t doubt on the right to hold title. broker :: n. in general, a person who arranges contracts bet ... security ("hocked") at high rates. bond :: n. 1) written evidence of debt issued by a company ... good up to the amount of the bond. bona fide purchaser :: n. commonly called BFP in legal and banking circle ... See also: BFP holder in due course culpable :: adj. sufficiently responsible for criminal acts or ... ons and thus should take the blame. d.b.a. :: n. short for "doing business as," when a person or ... that is registered with the state. legitimate :: adj., adv1) legal, proper, real. 2) referring to a ... 3) v. to make proper and/or legal. joint venture :: n. an enterprise entered into by two or more peopl ... s terminated. See also: partnership insanity :: n. mental illness of such a severe nature that a p ... M'Naughten rule temporary insanity malpractice :: n. An act or continuing conduct of a professional ... eed. See also: errors and omissions malum prohibitum :: (mal-uhm prohibit-uhm) adj. Latin meaning "wrong d ... lso: malum in se white collar crime N.O.V. :: adj. shorthand acronym of Latin for non obstante v ... notwithstanding the verdict verdic meet and confer :: n. a requirement of courts that before certain typ ... s which are freighted with emotion. marriage :: n. the joining of a male and female in matrimony b ... of time without legal formalities. implied consent :: n. consent when surrounding circumstances exist wh ... aybe" or "later." See also: implied holdover tenancy :: n. the situation when a tenant of real estate cont ... to a lawsuit for unlawful detainer. escrow instructions :: n. the written instructions by buyer and seller of ... ir agents. See also: closing escrow election of remedies :: n. an outmoded requirement that if a plaintiff (pa ... dence has not been fully presented. direct evidence :: n. real, tangible or clear evidence of a fact, hap ... o: circumstantial evidence evidence felonious :: adj. referring to an act done with criminal intent ... is an attack meant to do real harm. fictitious defendants :: n. when a party suing (plaintiff) is not sure if h ... are not permitted in federal cases. highway :: n. any public street, road, turnpike or canal whic ... rivilege and not an absolute right. full disclosure :: n. the need in business transactions to tell the " ... icant fact. See also: caveat emptor friendly suit :: n. a lawsuit filed in order to obtain a court orde ... eement in which there was an error. affix :: v. 1) to attach something to real estate in a perm ... al, as affix a signature or a seal. adjuster :: n. an employee (usually a non-lawyer) of an insura ... e company in approving settlements. harassment :: (either harris-meant or huh-rass-meant) n. the act ... See also: harass sexual harassment file :: 1) v. to deposit with the clerk of the court a wri ... rrespondence and notes on the case. fiduciary relationship :: n. where one person places complete confidence in ... handling. See also: fiduciary trust hearsay :: n. 1) second-hand evidence in which the witness is ... t or gossip. See also: hearsay rule information and belief :: n. a phrase often used in legal pleadings (complai ... nswer complaint declaration perjury libel :: 1) n. to publish in print (including pictures), wr ... libel per se public figure slander liability :: n. one of the most significant words in the field ... bility joint tortfeasors negligence invasion of privacy :: n. the intrusion into the personal life of another ... randeis. See also: right to privacy executive privilege :: n. a claim by the President or another high offici ... the Watergate scandal (1973-1974). crime :: n. a violation of a law in which there is injury t ... drugs. See also: felony misdemeanor bait and switch :: n. a dishonest sales practice in which a business ... rants the costs of a separate suit. attorney's advertising :: n. the commercials which appear on television or c ... es to handle high volume practices. admission against interest :: n. an admission of the truth of a fact by any pers ... earsay. See also: admission hearsay canon law :: n. laws and regulations over ecclesiastical (churc ... nduct with no religious connection. character witness :: n. a person who testifies in a trial on behalf of ... ases and civil cases such as fraud. corporation :: n. an organization formed with state governmental ... ation public corporation securities constructive notice :: n. a fiction that a person got notice even though ... personally. See also: constructive conservatee :: n. a person whom a court has determined because of ... and the like. See also: conservator mail box rule :: n. in contract law, making a written offer or acce ... nse in hand when the time runs out. Massachusetts Trust :: n. a business in which the investors give manageme ... provide for eventual distribution. wrongful death :: n. the death of a human being as the result of a w ... ual beneficiaries (family members). voir dire :: (vwahr [with a near-silent "r"] deer) n. from Fren ... t witness jury peremptory challenge substituted service :: n. accomplishing service (delivery) of legal docum ... ee also: service service of process environmental law :: n. a body of state and federal statutes intended t ... imental effects on the environment. search and seizure :: n. examination of a person's premises (residence, ... robable cause search search warrant accretion :: n. 1) in real estate, the increase of the actual l ... cted event. See also: probate trust 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. subpena duces tecum :: : (suh-pea-nah dooh-chess-take-uhm or dooh-kess-ta ... ng a court order. See also: witness subpena :: (subpoena): (suh-pea-nah) n. an order of the court ... ubpena duces tecum subpoena witness representative :: 1) n. an agent. 2) n. in probate law, a generic te ... of the conditions at the job site." peremptory challenge :: n. the right of the plaintiff and the defendant in ... challenge for cause jury voir dire non-discretionary trust :: n. a trust in which the trustee is directed to inv ... ower in the matter. See also: trust scope of employment :: n. actions of an employee which further the busine ... ter and servant respondeat superior service :: n. 1) paid work by another person, either by contr ... ersonal services service of process services :: n. work performed for pay. See also: personal serv ... See also: personal services service service of process :: n. the delivery of copies of legal documents such ... by publication substituted service natural person :: n. a real human being, as distinguished from a cor ... ated at law as a fictitious person. party :: n. 1) one of the participants in a lawsuit or othe ... y real party in interest respondent cause of action :: n. the basis of a lawsuit founded on legal grounds ... property. See also: element lawsuit carrier :: n. in general, any person or business which transp ... lso: common carrier private carrier capitalization :: n. 1) the act of counting anticipated earnings and ... for conversion into capital assets. civil rights :: n. those rights guaranteed by the Bill of Rights, ... ill of Rights civil civil liberties claim :: 1) v. to make a demand for money, for property, or ... the government, it is lawsuit time. condemn :: v. 1) for a public agency to determine that a buil ... condemnation action eminent domain commingling :: n. the act of mixing the funds belonging to one pa ... rust accounts for funds of another. coinsurance :: n. an insurance policy in which the insurance comp ... e insurance company share the risk. capital expenditure :: n. payment by a business for basic assets such as ... y intended to improve productivity. capital assets :: n. equipment, property, and funds owned by a busin ... . See also: capital capital account blackmail :: n. the crime of threatening to reveal embarrassing ... e to property). See also: extortion Bill of Rights :: n. the first ten amendments to the federal Constit ... ved to the states or to the people. bigamy :: n. the condition of having two wives or two husban ... d to several husbands is polyandry. booby trap :: n. a device set up to be triggered to harm or kill ... protect one's property is a crime. breach :: 1) n. literally, a break. A breach may be a failur ... breach of trust breach of warranty capital :: 1) n. from Latin for caput, meaning "head," the ba ... count capital assets stock in trade burden :: n. anything that results in a restrictive load upo ... perty to reach his home (easement). breaking and entering :: n. 1) the criminal act of entering a residence or ... above. See also: burglary trespass condemnation :: n. the legal process by which a governmental body ... eminent domain inverse condemnation condemnation action :: n. a lawsuit brought by a public agency to acquire ... e also: condemnation eminent domain damages :: n. the amount of money which a plaintiff (the pers ... liquidated damages special damages custody :: n. 1) holding property under one's control. 2) law ... inor child. See also: child custody curtesy :: n. in old common law, the right of a surviving hus ... ommunity property dower life estate dealer :: n. anyone who buys goods or property for the purpo ... ins taxes by buying other property. defect :: n. an imperfection, quite often so great that the ... See also: defective defective title devolve :: v. when property is automatically transferred from ... ory sovereign rights to run itself. descent :: n. the rules of inheritance established by law in ... on inheritance intestate succession delayed exchange :: n. an exchange of property to put off capital gain ... method and survived an IRS lawsuit. cumulative sentence :: n. when a criminal defendant has been found guilty ... in a five-year term in the example. copyright :: 1) n. the exclusive right of the author or creator ... plagiarism public domain trademark conflict of law :: n. a situation in which both state and federal law ... y arose. See also: forum preemption confiscate :: v. to take one's goods or property without legal r ... affic. See also: condemnation theft conditional sale :: n. a sale of property or goods which will be compl ... ng by September 1st. See also: sale constitutional rights :: n. rights given or reserved to the people by the U ... e also: Bill of Rights constitution constructive trust :: n. when a person has title to property and/or take ... tence. See also: constructive trust conversion :: n. a civil wrong (tort) in which one converts anot ... the crime of theft. See also: theft contractor :: n. 1) a person or entity that enters into a contra ... actor mechanic's lien subcontractor contemplation of death :: n. the anticipation of death in a relatively short ... e also: unified estate and gift tax bifurcate :: v. the order or ruling of a judge that one issue i ... is necessary. See also: bifurcation beneficiary :: n. a broad definition for any person or entity (li ... beneficiary third-party beneficiary trade fixture :: n. a piece of equipment on or attached to the real ... uch damage. See also: fixture trade 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 undisclosed principal :: n. a person who uses an agent for his/her negotiat ... dispute. See also: agent principal vacate :: v. 1) for a judge to set aside or annul an order o ... of real estate and cease occupancy. zoning :: n. a system of developing a city or county plan in ... овской гарантии . |