Dictionary of Law
A B C D E F G H I J K L M N O P Q R S T U V W X Y Z
Founded: 410
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
life estate :: n. the right to use or occupy real property for on ... hter, Sadie, will own the property.
estate :: n. 1) all that one owns in real estate and other a ... ife estate probate real estate will
dominant estate :: n. in real estate law, the property retained when ... See also: easement servient estate
servient estate :: n. real property which has an easement or other us ... See also: dominant estate easement
real property :: n. 1) all land, structures, firmly attached and in ... onal property real estate reversion
realty :: n. a short form of "real estate." See also: real e ... real estate." See also: real estate
intestate succession :: n. the distribution when a person dies without lea ... sion. See also: intestacy intestate
net estate :: n. the remaining estate of a person who has died, ... alue. See also: estate tax gift tax
intestate :: adj. referring to a situation where a person dies ... lso: intestacy intestate succession
estate tax :: n. generally a federal tax on the transfer of a de ... commonly called an inheritance tax.
Restatement of the Law :: n. a series of detailed statements of the basic la ... tracts, property, torts and trusts.
real party in interest :: n. the person or entity who will benefit from a la ... st is the beneficiary of the trust.
claim against an estate :: n. upon the death of a person and beginning of pro ... ade to the heirs. See also: probate
unified estate and gift tax :: n. in federal estate taxes, the value of the estat ... turn. See also: estate tax gift tax
gift in contemplation of death :: n. (called a gift causa mortis by lawyers showing ... ift tax unified estate and gift tax
dedication :: n. the giving of land by a private person or entit ... perty. See also: quiet title action
covenant that runs with the land :: n. a promise contained in a deed to land or real e ... l future owners. See also: covenant
leverage :: 1) n. the use of borrowed money to purchase real e ... e been created by risky leveraging.
undivided interest :: n. title to real property held by two or more pers ... y by the entirety tenancy in common
full disclosure :: n. the need in business transactions to tell the " ... icant fact. See also: caveat emptor
take :: v. to gain or obtain possession, including the rec ... eal property or stealing an object.
nominee :: n. 1) a person or entity who is requested or named ... ic office. See also: agent executor
freehold :: n. any interest in real property which is a life e ... -year variety). See also: leasehold
legacy :: n. a gift of personal property or money to a benef ... o: beneficiary bequest legatee will
acknowledgment :: n. the section at the end of a document where a no ... me leases and various other papers.
specific devise :: n. the gift in a will of a certain piece of real e ... ther, David." See also: devise will
contingent interest :: n. an interest in real property which, according t ... ontingent remainder future interest
contiguous :: adj. connected or "next to", usually meaning adjoi ... ng adjoining pieces of real estate.
peaceable possession :: n. in real estate, holding property without any ad ... to possession or title by another.
marketable title :: n. the title to real property which has no encumbr ... e. See also: contract real property
contingent remainder :: n. an interest, particularly in real estate proper ... contingent interest future interest
leasehold :: n. the real estate which is the subject of a lease ... sehold. See also: condominium lease
parcel :: n. a defined piece of real estate, usually resulti ... See also: real estate real property
guardian :: n. a person who has been appointed by a judge to t ... torship. See also: conservator ward
convey :: v. to transfer title (official ownership) to real ... ion conveyance deed grantee grantor
trespass :: n. entering another person's property without perm ... for an illegal purpose is a crime.
tax :: n. a governmental assessment (charge) upon propert ... unified estate and gift tax use tax
exchange :: 1) v. to trade or barter property, goods and/or se ... ins tax. See also: delayed exchange
exception in deed :: n. a notation in a deed of title to real property ... the transfer (conveyance) of title.
trade fixture :: n. a piece of equipment on or attached to the real ... uch damage. See also: fixture trade
access :: n. 1) in real estate the right and ability to get ... See also: DNA egress paternity suit
excise :: n. a tax upon manufacture, sale or for a business ... s redundantly called an excise tax.
execution :: n. 1) the act of getting an officer of the court t ... so: death penalty writ of execution
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
executory interest :: n. an interest in property (particularly real esta ... or never, if certain events occur.
mechanic's lien :: n. the right of a craftsman, laborer, supplier, ar ... ll sue for the debt. See also: lien
escrow instructions :: n. the written instructions by buyer and seller of ... ir agents. See also: closing escrow
merger :: n. 1) in corporate law, the joining together of tw ... and taking one, and wife the other.
eminent domain :: n. the power of a governmental entity (federal, st ... ngs. See also: condemn condemnation
tenancy in common :: n. title to property (usually real property, but i ... on. See also: joint tenancy tenancy
limited partnership :: n. a special type of partnership which is very com ... mited liability partner partnership
accretion :: n. 1) in real estate, the increase of the actual l ... cted event. See also: probate trust
lis pendens :: (lease pen-dense) n. Latin for "a suit pending," a ... ob can be penalized by court order.
malpractice :: n. An act or continuing conduct of a professional ... eed. See also: errors and omissions
fiduciary :: 1) n. from the Latin fiducia, meaning "trust," a p ... lation fiduciary relationship trust
title :: n. 1) ownership of real property or personal prope ... ink slip real property title search
fixture :: n. a piece of equipment which has been attached to ... ary repair. See also: trade fixture
lease :: 1) n. a written agreement in which the owner of pr ... triple net lease unlawful detainer
confidential relation :: n. a relationship in which one person has confiden ... remely obvious. See also: fiduciary
warranty :: n. a written statement of good quality of merchand ... of the contract. See also: warrant
insurance :: n. a contract (insurance policy) in which the insu ... t clause Workers' Compensation Acts
jurisdiction :: n. the authority given by law to a court to try ca ... Superior Court Supreme Court venue
remainder :: n. in real property law, the interest in real prop ... ed reversion title vested remainder
vested remainder :: n. the absolute right to receive title after a pre ... pass to him. See also: vest vested
reserve :: v. to keep for oneself a right or a portion of the ... e to another. See also: reservation
laches :: n. the legal doctrine that a legal right or claim ... , breach of contract, fraud, etc.).
professional corporation :: n. a corporation formed for the purpose of conduct ... rofessionals. See also: corporation
restriction :: n. any limitation on activity, by statute, regulat ... rated into the title of each owner.
property :: n. anything that is owned by a person or entity. P ... rty real property separate property
attorney-in-fact :: n. someone specifically named by another through a ... cument. See also: power of attorney
administrator :: n. the person appointed by the court to handle the ... e also: administer executor probate
all the estate I own :: n. a phrase from a poorly drafted will which means ... he will was written. See also: will
joint tenancy :: n. a crucial relationship in the ownership of real ... ty property tenancy in common title
record :: 1) v. (ree-cored) to put a document into the offic ... eeding race to the courthouse trial
affix :: v. 1) to attach something to real estate in a perm ... al, as affix a signature or a seal.
joint venture :: n. an enterprise entered into by two or more peopl ... s terminated. See also: partnership
abeyance :: 1) n. when the owner- ship of property has not bee ... 2) legal jargon for "undetermined."
estate by entirety :: n. tenancy by the entirety ... n. tenancy by the entirety
abstract of title :: n. the written report on a title search which show ... e also: chain of title title report
abstract of judgment :: n. a written summary of a judgment which states ho ... aying the debt. See also: levy lien
appraise :: v. to professionally evaluate the value of propert ... surance claims. See also: appraiser
ancillary administration :: n. administration of an estate's assets in another ... or "subordinate." See also: probate
holdover tenancy :: n. the situation when a tenant of real estate cont ... to a lawsuit for unlawful detainer.
probate :: 1) n. the process of proving a will is valid and t ... e also: administrator executor will
power of acceptance :: n. the ability to accept an offer and thus create ... ecide to accept the original offer.
chain of title :: n. the succession of title ownership to real prope ... title conveyance foreclosure title
cashier's check :: n. a check issued by a bank on its own account for ... ansfers, tax payments and the like.
power of attorney :: n. a written document signed by a person giving an ... y, as in a real estate transaction.
closing :: n. the final step in the sale and purchase of real ... company, escrow holder or attorney.
hotchpot :: n. the putting together, blending or mixing of var ... t in the hotchpot and then divided.
hostile possession :: n. occupancy of a piece of real property coupled w ... verse possession quiet title action
savings and loan :: n. a banking and lending institution, chartered ei ... vings into the home finance market.
possessory interest :: n. in real estate, the intent and right of a perso ... o: possess possession real property
collateral :: 1) n. property pledged to secure a loan or debt, u ... ral to the Colorado divorce action.
bequeath :: v. to give personal property under provisions of a ... s of a will. See also: bequest will
incorporeal :: adj. referring to a thing which is not physical, s ... his is distinguished from tangible.
will :: n. a written document which leaves the estate of t ... will and testament probate testator
broker :: n. in general, a person who arranges contracts bet ... security ("hocked") at high rates.
premises :: n. 1) in real estate, land and the improvements on ... t). See also: real estate structure
land :: n. real property, real estate (and all that grows ... See also: real estate real property
in kind :: adj. referring to payment, distribution or substit ... . See also: distribution trust will
vacate :: v. 1) for a judge to set aside or annul an order o ... of real estate and cease occupancy.
triple net lease :: n. a lease in which the lessee's (tenant's) rent i ... ers and malls. See also: lease rent
tort :: n. from French for "wrong," a civil wrong or wrong ... nce slander trespass wrongful death
widow's election :: n. the choice a widow makes between accepting what ... nt and distribution succession will
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
undisclosed principal :: n. a person who uses an agent for his/her negotiat ... dispute. See also: agent principal
unconstitutional :: adj. referring to a statute, governmental conduct, ... ee also: constitution Supreme Court
vendee :: n. a buyer, particularly of real property. ... yer, particularly of real property.
surrender :: v. 1) to turn over possession of real property, ei ... lf up to law enforcement officials.
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
ripe :: adj. in constitutional law, referring to a law cas ... or more issues raised by the case.
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
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
search :: v. 1) to examine another's premises (including a v ... e search and seizure search warrant
right :: 1) n. an entitlement to something, whether to conc ... e also: civil rights marital rights
reversion :: n. in real property, the return to the grantor or ... lled "reverter." See also: reverter
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.
reformation :: n. the correction or change of an existing documen ... neral partner sues for reformation.
remainderman :: n. the person who will receive a remainder in real ... real property. See also: remainder
rent :: 1) v. to hire an object or real property for a per ... ice. See also: lease month-to-month
restrictive covenant :: n. 1) an agreement included in a deed to real prop ... o: covenant that runs with the land
restraint on alienation :: n. an attempt in a deed or will to prevent the sal ... enant rule against perpetuities use
rental value :: n. the amount which would be paid for rental of si ... alimony to be paid. See also: rent
service by publication :: n. serving a summons or other legal document in a ... perty. See also: service of process
wrongful death :: n. the death of a human being as the result of a w ... ual beneficiaries (family members).
tenancy at will :: n. occupation of real property owned by another un ... right to occupy. See also: tenancy
tenancy :: n. the right to occupy real property permanently, ... rety tenancy in common tenant title
tangible property :: n. physical articles (things) as distinguished fro ... operty personal property personalty
tenant :: n. a person who occupies real property owned by an ... rental payments. See also: tenancy
tenement :: n. 1) a term found in older deeds or in boiler-pla ... d by stairways. See also: structure
title report :: n. the written analysis of the status of title to ... lso: abstract title title insurance
title insurance :: n. a policy issued by an insurance company guarant ... : chain of title title title search
tenure :: n. 1) in real property, the right to possess the p ... e a probationary period has passed.
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
statutory rape :: n. sexual intercourse with a female below the lega ... majority minority molestation rape
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
vendor :: n. a seller, particularly of real property. ... ler, particularly of real property.
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
title search :: n. the examination of county records for the prope ... e escrow lien title title insurance
aliquot :: (al-ee-kwoh) adj. a definite fractional share, us ... trust assets. See also: share
marital deduction :: n. an estate tax deduction allowed a surviving spo ... community property estate tax trust
letters testamentary :: n. a document issued by the court clerk which stat ... te. See also: administrator probate
letters of administration :: n. a document issued by the court clerk which stat ... estate. See also: executor probate
trustee in bankruptcy :: n. a person appointed by a bankruptcy court to sup ... f the debtors. See also: bankruptcy
marshal :: 1) n. a federal court official who may serve paper ... tablish priorities among creditors.
misappropriation :: n. the intentional, illegal use of the property or ... mbezzlement fiduciary larceny theft
next of kin :: n. 1) the nearest blood relatives of a person who ... See also: descent and distribution
trust :: n. an entity created to hold assets for the benefi ... testamentary trust trustee trustor
net :: : n., adj. the amount of money or value remaining ... or net estate. See also: net estate
mutual wills :: n. wills made by two people (usually spouses, but ... r the other person making the will.
intestacy :: n. the condition of having died without a valid wi ... e. See also: intestate probate will
inter vivos trust :: n. a trust created by a writing (declaration of tr ... nter vivos testamentary trust trust
heir apparent :: n. the person who is expected to receive a share o ... isinherited by will. See also: heir
guardian ad litem :: n. a person appointed by the court only to take le ... awsuit is filed. See also: ad litem
gift :: n. the voluntary transfer of property (including m ... ift tax unified estate and gift tax
generation skipping :: adj., adv. referring to gifts made through trusts ... to a grandchild without a gift tax.
in re :: prep. short for "in regard to" or concerning. Ofte ... e Adoption of Marcus McGillicuddy."
in terrorem clause :: (in tehr-roar-em)n. from Latin for "in fear," a pr ... e gift. See also: will will contest
inheritance :: n. whatever one receives upon the death of a relat ... intestacy intestate succession will
inherit :: v. to receive all or a portion of the estate of an ... intestacy intestate succession will
incompetent :: adj. 1) referring to a person who is not able to m ... n incompetency incompetent evidence
omnibus clause :: n. 1) an automobile insurance policy clause which ... he beneficiaries named in the will.
paralegal :: n. a non-lawyer who performs routine tasks requiri ... h less than that for the attorneys.
share and share alike :: adj. referring to the equal division of a benefit ... among the three surviving nephews.
share :: n. 1) a portion of a benefit from a trust, estate, ... n issue of the corporation's stock.
residue :: n. in a will, the assets of the estate of a person ... distribution residuary bequest will
representative :: 1) n. an agent. 2) n. in probate law, a generic te ... of the conditions at the job site."
special administrator :: n. a person appointed by the court in a probate pr ... or administrator. See also: probate
succession :: n. the statutory rules of inheritance of a dead pe ... istribution." See also: inheritance
testamentary disposition :: n. how the terms of a will divide the testator's ( ... named beneficiaries. See also: will
testamentary capacity :: n. having the mental competency to execute a will ... lso: competent undue influence will
surrogate court :: n. a court in a few states (including New York) wi ... er probates, estates and adoptions.
surrogate :: n. 1) a person acting on behalf of another or a su ... or probates, estates and adoptions.
rejection of claim :: n. in probate law (administration of an estate of ... stion of administrative remedies").
receipt :: n. a written and signed acknowledgment by the reci ... the estate of someone who has died.
possess :: v. to own, have title to, occupy, physically hold ... ng the estate. See also: possession
petition :: 1) n. a formal written request to a court for an o ... dent. See also: divorce motion writ
per stirpes :: (purr stir-peas) adj. Latin for "by roots," by rep ... descent and distribution trust will
participate :: v. to invest and then receive a part or share, as ... he estate of a person who has died.
predecease :: v. to die before someone else, as "if my brother, ... estate I give to his son, Eugene."
pretermitted heir :: n. the child of a person who has written a will in ... cified $10,000 each. See also: heir
ratable :: adj. taxable according to value, such as an estate ... lue, such as an estate or property.
pro rata :: (proh rat-ah or proh ray-tah) adj. from Latin for ... e year in which he/she holds title.
primogeniture :: n. from Latin for "first born," the ancient rule f ... oes not exist in the United States.
extraordinary fees :: n. attorneys' fees claimed, usually in the adminis ... n. See also: attorney's fee probate
executor :: n. the person appointed to administer the estate o ... sed decedent executrix probate will
beneficiary :: n. a broad definition for any person or entity (li ... beneficiary third-party beneficiary
attorney's fee :: n. the payment for legal services. It can take sev ... ees in the particular type of case.
asset :: n. generally any item of property that has monetar ... ill and rights to market a product.
testamentary trust :: n. a trust created by the terms of a will. Example ... vivos trust living trust trust will
civil :: adj. 1) that part of the law that encompasses busi ... also: civil liberties civil rights
reentry :: n. taking back possession and going into real prop ... ages. See also: landlord and tenant
conservator :: n. a guardian and protector appointed by a judge t ... ies. See also: conservatee guardian
conflict of law :: n. a situation in which both state and federal law ... y arose. See also: forum preemption
collusion :: n. where two persons (or business entities through ... seball team owners. See also: fraud
codicil :: n. a written amendment to a person's will, which m ... the writer. See also: probate will
after-acquired title :: n. title to property acquired after the owner atte ... ed title goes automatically to Sam.
adverse party :: n. the opposite side in a lawsuit. Sometimes when ... the court rules the will was legal.
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.
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
zoning :: n. a system of developing a city or county plan in ... овской гарантии . abatement :: n. 1) the removal of a problem which is against pu ... eneficiary in full. See also: abate
advancement :: n. a gift made by a person to one of his or her ch ... tate gift in contemplation of death
administer :: v. 1) to conduct the duties of a job or position. ... lso: administrator executor probate
acceleration :: n. 1) speeding up the time when there is vesting ( ... See also: acceleration clause vest
contemplation of death :: n. the anticipation of death in a relatively short ... e also: unified estate and gift tax
corpus :: n. 1) Latin for body. 2) the principal (usually mo ... inguished from interest or profits.
dower :: n. an old English common law right of a widow to o ... t and distribution widow's election
dominant tenement :: n. See also: dominant estate ... n. See also: dominant estate
domicile :: n. the place where a person has his/her permanent ... where its headquarters is located.
distribution :: n. the act of dividing up the assets of an estate ... p percentages. See also: distribute
elder law :: n. a specialty in legal practice, covering estate ... t field. (definition revised: 9/02)
election under the will :: n. in those states which have statutes which give ... arries) left to her under his will.
evasion of tax :: n. the intentional attempt to avoid paying taxes t ... rs. See also: estate tax income tax
endowment :: n. the creation of a fund, often by gift or beques ... college, university or scholarship.
emblements :: n. crops to which a tenant who cultivated the land ... ome the property of his/her estate.
distribute :: v. 1) the dividing up of those assets of an estate ... and distribution probate trust will
discretion :: n. the power of a judge, public official or a priv ... t a variance to a zoning ordinance.
cy pres doctrine :: n. (see-pray doctrine) from French, meaning "as cl ... ey among several S.P.C.A. chapters.
curtesy :: n. in old common law, the right of a surviving hus ... ommunity property dower life estate
creditor's claim :: n. a claim required to be filed in writing, in a p ... e also: claim in bankruptcy probate
court :: n. 1) the judge, as in "The court rules in favor o ... cost and wait of full court trials.
deceased :: 1) adj. dead. 2) n. the person who has died, as us ... ore genteel word is the "decedent."
decree :: n. in general, synonymous with judgment. However, ... n's estate, etc. See also: judgment
descent and distribution :: n. the system of laws which determine who will inh ... nt inheritance intestate succession
descent :: n. the rules of inheritance established by law in ... on inheritance intestate succession
degree of kinship :: n. the level of relationship between two persons r ... there is no will. See also: descent
vest :: v. to give an absolute right to title or ownership ... . See also: vested vested remainder
paramount title :: n. a right to real property which prevails over an ... n's claim of title. See also: title
deed :: 1) n. the written document which transfers title ( ... veyance deed of trust warranty deed
d.b.a. :: n. short for "doing business as," when a person or ... that is registered with the state.
culpable :: adj. sufficiently responsible for criminal acts or ... ons and thus should take the blame.
covenant :: 1) n. a promise in a written contract or a deed of ... o compete deed restrictive covenant
deed of trust :: n. a document which pledges real property to secur ... : foreclosure mortgage reconveyance
defective title :: n. an apparent title to real property which fails ... so: chain of title defect defective
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.
deficiency judgment :: n. a judgment for an amount not covered by the val ... o: foreclosure judicial foreclosure
counterfeit :: 1) adj. describing a document, particularly money, ... d for real. See also: forgery utter
cotenant :: n. one who holds an interest in real property toge ... or more others. See also: cotenancy
condition subsequent :: n. 1) in a contract, a happening which terminates ... Dad Fauntleroy. See also: condition
condition precedent :: n. 1) in a contract, an event which must take plac ... o the property. See also: condition
common property :: n. 1) real property owned by "tenants in common," ... e, like parks and national forests.
condominium :: n. title to a unit of real property which, in real ... ium projects. See also: common area
conflict of interest :: n. a situation in which a person has a duty to mor ... a position adverse to the customer.
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
continuing trespass :: n. the repeat-ed unauthorized use of anoth- er's r ... l illegal entry. See also: trespass
devise :: 1) v. an old-fashioned word for giving real proper ... so: bequest gift legacy remise will
devisee :: n. a person who receives a gift of real property b ... will. See also: beneficiary legatee
executive clemency :: n. the power of a President in federal criminal ca ... ernor. See also: commutation pardon
eviction :: n. a generic word for the act of expelling (kickin ... ve eviction lease unlawful detainer
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
fee tail :: n. an old feudal expression for a title to real pr ... rest only. See also: fee fee simple
felonious :: adj. referring to an act done with criminal intent ... is an attack meant to do real harm.
foreclosure :: n. the system by which a party who has loaned mone ... ced sale mortgage notice of default
fictitious defendants :: n. when a party suing (plaintiff) is not sure if h ... are not permitted in federal cases.
fertile octogenarian :: n. an unrealistic notion that any person (male or ... e passed laws to cure this anomaly.
equity of redemption :: n. the right of a mortgagor (person owing on a loa ... so: foreclosure mortgage redemption
equity :: n. 1) a venerable group of rights and procedures t ... ry enjoin equitable injunction writ
dispossess :: v. to eject someone from real property, either leg ... ty, either legally or by self-help.
direct evidence :: n. real, tangible or clear evidence of a fact, hap ... o: circumstantial evidence evidence
devolution :: n. 1) the transfer of title to real property by th ... nment to another. See also: devolve
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.
encumbrance :: (incumbrance)n. a general term for any claim or li ... and must be paid for at some point.
encroach :: v. to build a structure which is in whole or in pa ... wn property. See also: encroachment
election of remedies :: n. an outmoded requirement that if a plaintiff (pa ... dence has not been fully presented.
color of title :: n. the appearance of having title to personal or r ... rty based on this "color of title."
color of law :: n. the appearance of an act being performed based ... xtort payoffs to forget the ticket.
appraiser :: n. a professional who makes appraisals of the valu ... isal Institute). See also: appraise
amortization :: n. a periodic payment plan to pay a debt in which ... payment. See also: promissory note
alter ego :: n. a corporation, organization or other entity set ... See also: pierce the corporate veil
alienation :: n. the transfer of title to real property, volunta ... such as a mortgage. See also: alien
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
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
argumentative :: adj. the characterization of a question asked by t ... oody glove just walked over there?"
after-acquired property :: n. 1) personal or real property acquired by a debt ... lso: bankruptcy secured transaction
adverse possession :: n. a means to acquire title to land through obviou ... o: possession prescriptive easement
abut :: v. when two parcels of real property touch each ot ... of real property touch each other.
abuse of discretion :: n. a polite way of saying a trial judge has made s ... partner's realistic ability to pay.
abstract :: n. in general, a summary of a record or document, ... tract of judgment abstract of title
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
adverse :: adj. clearly contrary, such as an adverse party be ... the property, such as an easement.
adjuster :: n. an employee (usually a non-lawyer) of an insura ... e company in approving settlements.
addendum :: n. an addition to a completed written document. Mo ... proposals or included fraudulently.
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
capital gains :: n. the difference between the sales price and the ... so: basis delayed exchange exchange
bulk sales acts :: n. state laws (spelled out in the Uniform Commerci ... g without paying current creditors.
breach of warranty :: n. determination that a statement as to title of p ... See also: implied warranty warranty
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.
cloud on title (cloud) :: n. an actual or apparent outstanding claim on the ... ion reconveyance title title report
clear title :: n. holding ownership of real property without any ... s which might affect the ownership.
chattel :: n. an item of personal property which is movable, ... ments). See also: personal property
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
attempt :: v. and n. to actually try to commit a crime and ha ... felt he tried but did not succeed.
attached :: adj. 1) referring to two buildings which are conne ... o: attachment fixture trade fixture
assume :: v. to take over the liability for a debt on a prom ... he assumption. See also: assumption
bad debt :: n. an uncollectible debt. The problem is to determ ... ust no income on which to be taxed.
bankruptcy :: n. a federal system of statutes and courts which p ... y proceedings trustee in bankruptcy
bona fide :: adj. Latin for "good faith," it signifies honesty, ... t doubt on the right to hold title.
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.
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
occupation :: n. 1) fairly permanent trade, profession, employme ... of real property or use of a thing.
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
notorious possession :: n. occupation of real property or holding personal ... e is as if the person is the owner.
operation of law :: n. a change or transfer which occurs automatically ... atically upon the child turning 18.
ouster :: n. 1) the wrongful dispossession (putting out) of ... ainst his/her expectations or will.
party :: n. 1) one of the participants in a lawsuit or othe ... y real party in interest respondent
partition :: n. a lawsuit which one co-owner of real property c ... sell, keep or divide the property.
a priori assumption :: (ah-pree-ory) n. from Latin, an assumption that is ... when the reality is not so certain.
notice :: n. 1) information, usually in writing in all legal ... Thirty-day notice three-day notice
note :: n. a promissory note, a written statement of debt ... the note. See also: promissory note
muniment of title :: n. documentary evidence of title to real property. ... also: deed quiet title action title
mortgagor :: n. the person who has borrowed money and pledged h ... agee). See also: mortgage mortgagee
mortgagee :: n. the person or business making a loan that is se ... money. See also: mortgage mortgagor
N.O.V. :: adj. shorthand acronym of Latin for non obstante v ... notwithstanding the verdict verdic
natural person :: n. a real human being, as distinguished from a cor ... ated at law as a fictitious person.
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
nominal party :: n. a defendant or a plaintiff included in a lawsui ... ed. See also: necessary party party
perfect :: : (with stress on the second syllable) v. 1) to co ... perfect. See also: mechanic's lien
personal effects :: n. things which include clothes, cosmetics and ite ... e, Susannah"). See also: personalty
proprietary rights :: n. those rights which go with ownership of real pr ... hip of real property or a business.
property tax :: n. an annual governmental tax on real property or ... are made. See also: ad valorem tax
property damage :: n. injury to real or personal property through ano ... l value. See also: damages property
promissory note :: n. a written promise by a person (variously called ... lso: interest obligee obligor usury
puffing :: n. the exaggeration of the good points of a produc ... seller is possible. See also: fraud
putative :: adj. commonly believed, supposed or claimed. Thus ... not the last will of the deceased.
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
quiet title action :: n. a lawsuit to establish a party's title to real ... opposition. See also: notice title
privity :: n. contact, connection or mutual interest between ... with the seller. See also: contract
price fixing :: n. a criminal violation of federal antitrust statu ... stributors to beat the competition.
possibility of a reverter :: n. the potential that the title to a real property ... further issue. See also: reversion
possession of stolen goods :: n. the crime of possession of goods which one know ... e legal owner. See also: possession
personalty :: n. movable assets (things, including animals) whic ... lso: personal effects real property
post :: v. 1) to place a notice on the entrance or a promi ... or recording a payment. 4) to mail.
prayer :: n. the specific request for judgment, relief and/o ... ee also: complaint default judgment
prescriptive easement :: n. an easement upon another's real property acquir ... on. See also: easement prescription
prescription :: n. the method of acquiring an easement upon anothe ... ty. See also: prescriptive easement
preferred stock :: n. a class of shares of stock in a corporation whi ... on stock corporation dividend stock
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.
improvement :: n. any permanent structure on real property, or an ... g trees) which increases its value.
implied warranty :: n. an assumption at law that products are "merchan ... er. See also: caveat emptor implied
implied consent :: n. consent when surrounding circumstances exist wh ... aybe" or "later." See also: implied
holding :: 1) n. any ruling or decision of a court. 2) n. any ... 4) v. keeping in one's possession.
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.
interest :: n. 1) any and all, partial or total right to prope ... nal property real property standing
insanity :: n. mental illness of such a severe nature that a p ... M'Naughten rule temporary insanity
indenture :: n. a type of real property deed in which two parti ... bind a person to work for another.
highway :: n. any public street, road, turnpike or canal whic ... rivilege and not an absolute right.
grantor :: n. the party who transfers title in real property ... or quitclaim deed. See also: grant
friendly suit :: n. a lawsuit filed in order to obtain a court orde ... eement in which there was an error.
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.
future interest :: n. a right to receive either real property or pers ... maturity (age 18) or upon marriage.
good title :: n. ownership of real property which is totally fre ... or deed of trust on the property).
grantee :: n. the party who receives title to real property ( ... or quitclaim deed. See also: grant
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
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
market value :: n. the price which a seller of property would rece ... ich are often called "comparables."
malum prohibitum :: (mal-uhm prohibit-uhm) adj. Latin meaning "wrong d ... lso: malum in se white collar crime
lien :: n. any official claim or charge against property o ... ord's lien mechanic's lien mortgage
marriage :: n. the joining of a male and female in matrimony b ... of time without legal formalities.
meet and confer :: n. a requirement of courts that before certain typ ... s which are freighted with emotion.
moiety :: : (moy-et-tee) n. half. Generally a reference to i ... perty, moiety is seldom used today.
mining claim :: n. a description by boundaries of real property in ... g within a specific period of time.
metes and bounds :: (meets and bounds) n. a surveyor's description of ... of a parcel or lot are first drawn.
license :: 1) n. governmental permission to perform a particu ... eement. See also: licensee licensor
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
jurat :: (jur-at) n. Latin for "been sworn," the portion of ... wledgment declaration notary public
judicial foreclosure :: n. a judgment by a court in favor of foreclosure o ... deed of trust foreclosure mortgage
landlocked :: adj. referring to a parcel of real property which ... which it was created (carved out).
landlord :: n. a person who owns real property and rents or le ... so: lease lessee lessor rent tenant
lessor :: n. the owner of real property who rents it to a le ... lord and tenant lease lessee tenant
legitimate :: adj., adv1) legal, proper, real. 2) referring to a ... 3) v. to make proper and/or legal.
legatee :: n. a person or organization receiving a gift of an ... eficiary devise devisee legacy will
redeem :: v. to buy back, as when an owner who had mortgaged ... so: foreclosure mortgage redemption