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Online - Legal II
Chapter 25 & 26
47
Law
Not Applicable
05/21/2012

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Term
real property
Definition
fixed and immovable; land, houses, building, barns, and fences. Also referred to as realty.
Term
personal property
Definition
also called personalty, is movable. All property that is not real property; tangable things... automobiles, furniture, clothing. Intangible such as stocks and bonds
Term
chose
Definition
French meaning thing; an item of personal property; personal chattel or article of personalty
Term
chose in action
Definition
a personal right not reduced to possession but recoverable by a lawsuit; a promissory note cuz the holder has a right of action for the amount of money named in it.
Term
chose in possession
Definition
a personal thing in the possession of a person; all personal chattels that are not ___________ are choses in action.
Term
chattels
Definition
an item of personal property; furniture, cars, livestock, cut trees; movable property
Term
chattel mortgage
Definition
an instrument in writing that transfers the title to personal property such as security for a debt
Term
title
Definition
evidence of legal ownership of property, especially real property; valid claim or right of ownership; a deed is a ____
Term
premises
Definition
a piece of real estate; signifies lands and tenements; place and territory; a distinct and definite locality
Term
fixtures
Definition
items permanently affixed to real property; if an article would be destroyed by removing it from a building... it is ____
Term
lien
Definition
charge imposed on property by which the property is made security for a debt.
Term
deed
Definition
written instrument, signed, sealed, and delivered, transferring title to real property from one person, called the grantor, to another person, called the grantee; must be in writing; becomes effective upon delivery
Term
Two principal kinds of deeds
Definition
quitclaim and warranty
Term
quitclaim deed
Definition
conveys whatever interest a grantor has in the property; similar to a release or the giving up of a right or claim; grantee only receives what the grantor had to convey interest in
Term
warranty deed
Definition
guarantees that the person transferring real property has a good and complete title to the property; guarantees property to be free of encumbrances; also called full covenant deed
Term
recording
Definition
________ an instrument gives notice to all persons what the rights of the grantee under that paper are. Used to prevent fraud
Term
fee
Definition
an inheritance land;
Term
fee simple
Definition
can be held with unrestricted rights of disposition; the greatest possible interest in real estate.
Term
fee ownership
Definition
a person and his or her heirs own land absolutely without any limitations
Term
fee possession
Definition
complete, absolute ownership of land
Term
fee tail
Definition
an estate by way of inheritance to an individual only and to heirs of his or her body only; restricts the tranfer of real estate.
Term
habendum clause
Definition
in a deed gets its name from Latin phrase, habendum et tenendum, to have and to hold; to define the extent of the interest conveyed
Term
testimonium clause
Definition
the closing clause of a legal instrument immediately preceding the signature lines; usually introduced "in testimony whereof," or "'in witness whereof," followed by "the parties to these presents...."; used in legal instruments of conveyance
Term
defeasible title
Definition
one that may be revoked or undone upon a later condition or the happening of a future event; liable to be made void, but not already so; one capable of being forfeited
Term
defective title
Definition
incomplete or deficient in some respect that is required by law; the title of a person who secured it through duress or fraud; a title imperfect cuz it contains a defect or defects.
Term
homestead
Definition
the permanent residence of the head of a family, together with the land and buildings surrounding the main house
Term
abstract (abs)
Definition
meaning trahere, meaning to draw; a digest or synopsis of written material; a condensed or abridged version drawn from a treatise or writing
Term
abstract of title
Definition
summary of the successive title deeds to a piece of real estate
Term
plat
Definition
drawing or plan of a piece of land
Term
accretion
Definition
growth in size by addition or accumulation
Term
accession
Definition
synonym of accretion; natural increase or addition to property, such as growth of crops, birth of young cattle; addition to property by improvements or natural growth
Term
land description
Definition
detailed identification of a tract or parcel of land; contained in legal instruments such as a lease, a deed, and mortgage; identifies and describes realty that may be the subject of a conveyance
Term
metes and bounds
Definition
the boundary lines of land with their terminal points and angles
Term
eminent domain
Definition
the governemnt may take a person's property, even without his or her consent, upon condemnation and payment of a fair price for the land
Term
condemnation
Definition
the taking of private property for public use in return for fair compensation; a sentence judgment condemning someone to do, give, or pay something
Term
public domain
Definition
property owned by the government
Term
easement
Definition
a right or privilege that a person has in the land of another, without remuneration or profit
Term
riparian - (Latin - ripa)
Definition
a bank; the bank of a river or freshwater stream; special rights associated with land lying on the bank of a river is ______ land
Term
littoral (Latin - littus)
Definition
seashore; land that ajoins lakes, both large and small, as opposed to running water; land lies along the shore
Term
mortgage
Definition
debt secured by chattels or land; land is pledged as security for a loan
Term
escrow
Definition
deposit of something with a 3rd person to be held until some condition is met
Term
hypothecated
Definition
to pledge property to another as security; stocks, bonds, insurance policies, or other negotiable securities may be ______ to secure payment; property put in pawn to secure funds
Term
assessment
Definition
the process of apportioning an amount to be paid as taxes or damages; the valuation of a person's property for taxation; a payment asked on a stock subscription to be paid at stated intervals
Term
acceleration clause
Definition
an essential part of contracts evidencing a debt, such as mortgage, which provides that if the interest or any installment is not paid when due, the entire debt becomes payable at once; makes the balance immediately due upon a debtor's default
Term
ad valorem
Definition
2nd word means value; to tax a thing in accordance with its value is to assess an ___ ___ tax; to express in proportion to the value
Term
moieties
Definition
half of something; one of two equal parts
Term
egress
Definition
a going out, emergence, the right to go out, a way out; refers to an exit from property
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