Abandonment involves the voluntary and intentional surrender of property or rights to property without naming a successor as owner or tenant. The property will typically revert to someone with a prior interest or, if no owner is apparent, to the state.
An Abstract of Title is a condensed history of the legal ownership of a piece of land, including all conveyances, transfers, grants, wills, judicial proceedings, encumbrances, and liens, as well as evidence of satisfaction and other facts affecting the title.
The term 'abut' or 'abutting,' frequently used in real estate and property law, refers to properties or parcels of land that adjoin or meet each other, sharing a common boundary.
Access Right refers to the legal ability of a property owner to enter and exit their property, ensuring unobstructed access to and from a public road or path.
The term 'adjoining' refers to properties or parcels of land that are contiguous, attaching, or sharing a common border. This is a fundamental term in real estate, urban planning, and property law.
Air rights refer to the right to use, control, or occupy the vertical space above a designated piece of property. These rights can often be leased, sold, or donated to another party, making them a valuable asset in urban development and real estate transactions.
Allodial refers to a system of land ownership where the property is owned freely and absolutely, without any obligation to a superior authority, nor subject to restrictions on alienation that existed under feudal law.
In property law, the term 'appurtenant' refers to the attachment of a restriction, such as an easement or covenant, to a piece of land, which benefits or restricts the owner of such land in his use and enjoyment.
The transfer of a lease by the tenant (assignor) to another person (assignee). Leases are generally transferable at common law, although restrictions may apply.
Attornment refers to a tenant's formal agreement to acknowledge a new owner or landlord of the property as their landlord.
An attractive nuisance is a legal concept in the context of property law. It refers to a hazard on a property that is inherently dangerous and particularly alluring to children, causing the property owner to assume liability for any accidents that occur as a result.
Avulsion refers to the sudden removal of land from one parcel to another, typically caused by the abrupt change of a watercourse such as a river.
A bad title is a purported title that is legally insufficient to convey property to the purchaser. While a title that is not marketable isn't necessarily a bad title, a bad title is inherently unmarketable and purchasers are generally not compelled to accept it.
A bailor is the party who temporarily transfers possession of property to another party, known as the bailee, while retaining ownership.
Bona fide refers to actions done in good faith, honestly, and without collusion or fraud. In legal contexts, a bona fide purchaser for value is someone who buys property without knowledge of any prior claims on it.
Bona vacantia refers to goods or property without an apparent owner, typically reverting to the state or Crown under legal doctrines.
The Bundle-of-Rights Theory in real estate law postulates that ownership of realty encompasses a collection of distinct rights that include occupancy, use and enjoyment, and the ability to sell, devise, gift, or lease these rights.
Condemnation is the legal process by which a government or private entity with governmental powers takes private property for public use, with compensation to the owner. This is commonly associated with eminent domain.
Conditions, Covenants, and Restrictions (CCRs) refer to the rules and regulations set forth in condominium or subdivision deeds or bylaws that dictate how properties can be used. These regulations ensure aesthetic and functional uniformity, preventing changes that could negatively impact the community.
A Condominium Declaration, also known simply as a "Declaration," is a legal document that formally establishes the existence of a condominium. It describes the property in detail, outlines the rules and restrictions governing the condominium units, and defines the rights and responsibilities of the unit owners and the condominium association.
Consequential damages, in the context of property law, refer to the loss in value of a property caused by the taking of a nearby property or development on another property.
Constructive eviction occurs when, through the fault of the landlord, physical conditions of the property render it unfit for the purpose for which it was leased.
Constructive notice is a legal concept that presumes an individual has been given notice of a property or legal matter as a result of the information being publicly available or recorded, even if the individual has not been personally informed.
Conveyancing is the legal process of transferring property ownership from one person to another. It involves a series of administrative and legal checks to ensure the transaction is legitimate and secure.
Refers to the land and immediate surroundings of a dwelling house, regarded as legally attached to it under common law.
A legal document in writing that conveys an interest in land (real estate) from the grantor to the grantee, primarily functioning to transfer the title of the land.
A defective title refers to an ownership right or claim on property, particularly real estate or negotiable instruments, that is legally flawed or encumbered in a manner that diminishes its marketability or validity.
Dominant Tenement refers to the parcel of land that benefits from an easement on another property, which is typically adjacent.
An easement is a limited right to use another's land for a specific purpose, like installing utility lines. This right does not infringe upon other existing uses of the land and is considered a privilege associated with the land, not a possessory interest.
Egress refers to the right or legal ability to exit or leave a property or premises. It is a common term in real estate and property law, often used in conjunction with 'ingress,' which refers to the right to enter a property.
Eminent Domain is the inherent right of the state to take private property for public use without the property owner's consent, typically requiring that just compensation be paid to the property owner.
Encroachment is the act of gradually intruding upon the rights or property of another, which includes any infringement on the property or authority of others.
Encroachment refers to a building, part of a building, or obstruction that physically intrudes upon, overlaps, or trespasses upon the property of another; typically verified by a survey.
An equitable owner is the beneficiary of property held in trust, enjoying the benefits of ownership without holding legal title.
Equitable title represents the interest held by a prospective buyer who has agreed to purchase a property but has not yet completed the transaction.
Escheat is a legal doctrine that transfers the property of a person who dies without a will and has no legal heirs to the state.
An estate in reversion is a type of estate left by the grantor for themselves, beginning after the termination of a specific estate granted by them. For example, a landlord has an estate in reversion that becomes theirs to possess when the lease expires.
Estate in severalty refers to property ownership by a single person or legal entity, with no shared aspect of control or ownership by others.
In property law, a title is considered 'free and clear' if it is not encumbered by any liens or restrictions. This indicates that the property is unencumbered and conveys a good or marketable title.
A freehold estate is an estate in land of uncertain duration, encompassing both estate in fee and a life estate. This term describes rights in land ownership that are free from any rent or leasehold obligations.
Future Interest refers to an individual’s legal right to possess or enjoy property or assets in the future, usually upon the occurrence of a specified event or the fulfillment of certain conditions.
A general lien is a legal claim on all the property owned by the debtor, as opposed to a specific property lien, which targets particular assets.
A *Good Title* refers to a legal concept where a title is free from present litigation, obvious defects, and grave doubts concerning its validity or merchantability. This implies that such a title is marketable to a reasonable purchaser or can be used as security for a loan to a person of reasonable prudence.
A habendum clause is a section of a deed that specifies the rights and interests being granted to the grantee, beginning with the words 'to have and to hold.'
The term 'heirs and assigns' is often found in deeds and wills and is used to grant a fee simple estate, indicating that the property being transferred is granted to the heirs and designated assigns of the recipient.
A Holder in Due Course is a holder who has taken a negotiable instrument in good faith for value, without notice of any defect or claim to it. This legal concept is crucial in financial and property transactions to ensure the integrity and reliability of negotiable instruments.
In commercial and property law, 'holding' refers to property to which one has legal title and of which one is in possession. The term may also refer to the ownership of stocks or shares in corporations.
A holdover tenant is an individual who remains in possession of leased property after the expiration of their lease term. This concept is often associated with tenancy at sufferance.
An implied easement is a type of easement that is established by use and acceptance, rather than through a formal legal document. It is typically demonstrated through continuous and obvious use of the property, which is accepted by the property owner without objection.
Incorporeal property refers to legal interests in real property that do not include the right of possession. Examples include easements and licenses, which grant specific, limited rights without conferring ownership or possession of the land.
An innocent purchaser is an individual or entity that buys an asset without knowledge of any defect in the title or property.
An insurable title is a type of title to real estate that a title insurance company deems acceptable for insurance, ensuring the buyer is protected against potential defects or issues with the property title.
Inverse condemnation is a legal procedure where property owners seek compensation for property interests that have been diminished in value or taken due to government activity.
Involuntary conversion refers to the forced disposition of property, where the property owner is reimbursed for the property taken or destroyed.
An involuntary lien is a legal claim against a property that is imposed without the owner's consent to secure the payment of debts such as unpaid taxes, special assessments, or other obligations.
An involuntary trust, also known as a constructive trust, is a legal relationship recognized by courts that arises due to the association between parties, even in the absence of a formal written trust document.
Just compensation refers to full indemnity for the loss or damage sustained by the owner of property taken under the power of eminent domain. The measure generally used is the fair market value of the property at the time of taking.
A leasehold mortgage is a type of lien placed on the tenant's interest in real estate, which is generally subordinate to other liens on the property.
A collection of rights of ownership that are defined or recognized by law or that could be successfully defended in a court of law.
A grant of permission or privilege, whether by private individuals or governmental authority, that legalizes the performance of specific activities. In property law, a license is a personal, revocable privilege concerning land use.
A licensee is an individual or entity who is granted a license to engage in certain activities or occupy premises without being a customer, servant, or trespasser. They have permission to use the property primarily for their own interest or convenience.
Lien-theory states are states in which the laws give a lien on property to secure debt, as opposed to title-theory states where the lender becomes the title owner of the property.
A life estate is an interest in property that lasts for the duration of a person's life, providing certain rights and responsibilities for the life tenant.
Marketable title refers to a good or clear title reasonably free from the risk of litigation over possible defects, that a well-informed purchaser, in the use of ordinary business prudence, would be willing to accept.
A marketable title, also known as a merchantable title, is a property title that is free from significant defects, claims, or liens and is acceptable for purchase.
The term 'more or less' is used in legal contracts to allow for a slight deviation from the specified amount or measurement. For example, land described as 100 acres, more or less, means the contract remains valid even if the land is slightly more or less than 100 acres.
Nuisance refers to any activity or condition that interferes with the usage and enjoyment of property either causing annoyance or damage to others. It is a significant concept in tort law addressing both private and public disturbances.
Partial eviction occurs when a tenant is deprived of a portion of the property they are leasing, resulting in adjustments to rental agreements.
Personalty, also known as personal property, refers to any movable property that is not affixed to land or real estate. It includes items such as cash, furniture, vehicles, and other tangible objects.
Premises are commonly understood as land and its appurtenances, including structures thereon. The term also refers to any place where an employee may go in the course of his employment for purposes of Workers' Compensation.
A 'prescriptive right' refers to the entitlement to use and access a property based on continuous and historic use over a certain period, without the permission from the rightful owner. Typically recognized in property law, such rights can affect land ownership and usage disputes.
A federal tax lien for nonpayment of taxes has priority over most other liens but is not valid against specific lien holders until properly recorded. Certain superpriorities may have precedence over a tax lien.
Private Law governs the relationships between private individuals, companies, or organizations. Unlike Public Law, it does not involve government intervention and encompasses various legal disciplines including contract, tort, property, and family law.
Privity refers to the direct relationship between parties that is necessary for legal liability or mutual interest to exist. It's a fundamental concept in different domains of law, especially contract and property law.
Protective covenants are conditions written into real estate deeds or leases to protect the property owner's interests by regulating use, controls, and restrictions.
Public Use refers to the right of the public to use or benefit from the use of property condemned by the government through the exercise of its power of Eminent Domain. One of the limitations upon this use is that the property taken must serve a public benefit or purpose.
Quiet Enjoyment refers to the right of a tenant or property owner to use and enjoy their premises without significant disruption or interference. It is usually guaranteed by a covenant whether explicitly stated in a lease or implied by law.
Real property encompasses land and anything permanently attached to it, including buildings, trees, and certain rights issuing out of, annexed to, and exercisable within or about the land. It forms an essential part of property law.
Recording refers to the act of entering a transaction in a book of public records, particularly those affecting the title to real property. This process gives public notice of the facts recorded.
A remainder is a future interest in an estate that takes effect upon the expiration or termination of a prior estate without reverting back to the original grantor.
A Remainderperson is an individual who has an interest in an estate that becomes possessory after the termination of a present possessory interest, often referring to one who holds a remainder interest, whether vested or contingent.
Repossession is the act by which a seller reclaims property from a buyer upon failure to fulfill payment obligations as stipulated in a contract.
RES refers to the property underlying a trust, which is the subject matter that the trustee holds in fiduciary capacity for the beneficiaries.
A restraint on alienation refers to a restriction on the ability to convey real property interests. Such restrictions often infringe on the common law policy that favors the free transferability of property.
Reversionary interest refers to the interest a person holds in a property upon the termination of the preceding estate. This future interest in the property typically arises when the preceding estate, such as a life estate, comes to an end.
The right of redemption allows a property owner to recover their property that has been transferred due to a mortgage or other lien by repaying the debt, typically before or shortly after foreclosure. This right is also known as the equity of redemption.
The right of survivorship is a legal concept in property ownership that permits the surviving co-owner(s) to automatically inherit the property upon the death of a fellow co-owner. This principle is particularly applicable to joint tenancy and tenancy by the entirety.
The right to use a particular path for access or passage, often considered a type of easement beneficial for infrastructure development, transportation, and property access.
Riparian rights refer to the entitlements vested in landowners whose property abuts bodies of water, such as rivers and lakes.
The Rule Against Perpetuities is a legal doctrine that ensures no contingent interest in property is valid unless it vests not later than 21 years after the death of a specified person living when the interest was created. This rule prevents property from being indefinitely tied up within a family and limits control over future ownership.
Refers to perpetual rights or restrictions that affect all current and future owners of a property, as opposed to personal agreements not transferred with the deed.
A scenic easement is a type of encumbrance on the title to a property designed to preserve it in a more or less natural or undeveloped state.
Seisin refers to the legal possession of a property by an individual who asserts ownership, typically in the form of a fee simple estate, life estate, or other saleable interest.
Self-help refers to efforts by a landlord to remedy a tenant’s default on the lease without resorting to legal proceedings. This method is highly controversial and generally not supported by legal frameworks in most states.
Ownership of real property held individually, separate from co-owners or other entities.
Squatter's rights refer to the legal allowance to use the property of another in the absence of an attempt by the owner to force eviction. Under certain conditions, this right may eventually be converted to a title to the property over time by adverse possession, if recognized by state law.
Detailed explanation of subsurface rights, their importance in real estate and mineral extraction, and how they differ from surface rights.
Summary possession is a legal term referring to an expedited court proceeding used by landlords to regain possession of rental property from tenants, commonly referred to as an eviction.
Tenancy at sufferance is a type of tenancy that arises when a tenant lawfully takes possession of a property but continues to occupy the premises without the landlord's consent after the lease expires.
Tenancy at will is a flexible rental arrangement where the tenant is allowed to occupy property without a formal lease and can vacate or be asked to vacate at any time, reflecting an agreement that can be either written or oral.
