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PLS 50 CHAPTER 14
PROPERTY AND ESTATE LAW
68
Law
Undergraduate 1
12/16/2012

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Term
PROPERTY
Definition

A tangible object or a right or ownership interest.

 

Usually a house or an automobile.  Something that is owned.

Term
REAL PROPERTY
Definition
Also known as real estate;land and items growing on or permanently attached to that land.
Term
PERSONAL PROPERTY
Definition
All property that is not real property
Term
INTELLECTUAL PROPERTY
Definition
Intangible assets, such as trademarks, copyrights and patents.
Term
TRADEMARK
Definition
A name, combination of letters or numbers, or logo that identifies a particular product.
Term
SERVICE MARK
Definition
A mark used to identity a service-oriented business.
Term
COPYRIGHT
Definition
An author or artist's right to control the use of his or her works.
Term
PATENT
Definition
A right to exclude others from making, using, or selling one's invention.
Term
TRADE SECRET
Definition
A formula or process that has not been partented and is known by a limited number of individual working for the company that uses it.
Term
ESTATE
Definition
An interest in or a title to real property. (Note that this term has a different mearning when used in probate matters)
Term
FREEHOLD ESTATE
Definition
A right of title or ownership to real property that extends for life or some other indeterminate period of time.
Term
LEASEHOLD ESTATE
Definition
A right to use real property for a limited period of time.
Term

JOINT TENANCY

(also known as joint tenancy with right of survivorship)

Definition
Ownership by two or more persons who have equal rights in the use of that property.  When a joint tenant dies, that person's share passes to the other joint tenant(s).
Term
TENANCY IN COMMON
Definition
Ownership by two or more people.  When a tenant in common dies, that person's share passes either by will or by interstate statute.
Term
RESTRICTIVE COVENANT
Definition
A provision in a deed that prohibits specified uses of the property.
Term
EASEMENT
Definition
A right to use property owned by another for a limited purpose.
Term
LEASE
Definition
An agreement in which the property owner gives someone else the right to use that property for a designated period of time.
Term
LESSOR OR LANDLORD
Definition
The owner of the property being leased
Term
LESSEE OR TENANT
Definition
The person with right of possession during the term the lease.
Term
QUIET ENJOYMENT
Definition
The tenant's right to be free from interference from the landlord with respect to how the property is used.
Term
IMPLIED WARRANTY OF HABITABILITY
Definition
A requirement that property be fit for the purpose for which it is being rented.  Owners are required to repair and maintain the premises at certain minimum levels.
Term
CONSTRUCTIVE EVICTION
Definition
An act by a landlord that makes the premises unfit or unsuitable for occupancy.
Term
EVICT
Definition
To remove a tenant from possession of rental property
Term
LISTING AGREEMENT
Definition
A document that spells out the nature of the services a real estate agent will perform with respect to selling real property and how the agent will be compensated for those services.
Term
EARNEST MONEY
Definition
The money the buyer turns over to the real estate agent to be applied to the purchase price of property.
Term
TITLE SEARCH
Definition
An examination of documents recording title to the property to ensure the owner has a clear title.
Term
ENCUMBRANCE
Definition
A lien or other type of security interest that signifies that some other party has a legitimate claim to the property
Term
MECHANIC'S LIEN
Definition
A claim filed by a contractor or repair person who had done work on a building for which he or she has not been fully paid.
Term
ABSTRACT
Definition
A condensed history of the title, which includes the chain of ownership and a record of all liens, taxes, or other encumbrances that may impair the title.
Term
DEED
Definition
The legal document that formally conveys title to the property to the new owner.
Term
CLOSING STATEMENT
Definition
An itemized allocation of all the costs and moneys exchanged among the various parties, including financial institutions and real estate brokers, when a property is sold.
Term
LAND CONTRACT
Definition
An installament contract for the sale of land.
Term
DEVISE
Definition
A gift of real estate that is given to someone through a will
Term
FORECLOSURE
Definition
The process by which a creditor who holds a mortgage or some other form of a lien on real property can force the sale of that property in order to satisfy the debt to the mortgage or lien holder.
Term
POWER OF SALE CLAUSE
Definition
A clause authorizing a private for forclosure sale that does not require court action
Term
EMINENT DOMAIN
Definition
The power of government to take private property for public purposes.
Term
JUST COMPENSATION
Definition
The amount of money the government must pay the owner of property it siezes through eminent domain.
Term
ADVERSE POSSESSION
Definition
A transfer of real property rights that occurs after someone other than the owner has had actual, open, adverse, and exclusive use of the property for a statutorily determined number of years..
Term
BAILMENT
Definition
A temporary transfer of personal property to someone other than the owner for a specified purpose.
Term
BAILOR
Definition
The owner of the personal property that is being temporarily transferred as a part of bailment
Term
BAILEE
Definition
The party taking temporary control of the personal property during a bailment
Term
ESTATE
Definition
The total property of whatever kind, both real and personal, that a person owns at a time of his or her death
Term
WILL
Definition
The document used to express a person's wishes as to how his or her property should be distributed upon death
Term
INTESTATE
Definition
When a person dies without a valid will
Term
FORMAL WILL
Definition
A document that has been prepared on a word processor or typewriter and that has been properly signed by the testator and the required witnesses
Term
TESTATOR/TESTATRIX
Definition
The person making a will to direct how his or her assets will be distributed at death
Term

BEQUEST

(also known as Legacy)

Definition
A gift of personal property in a will.
Term
EXECUTOR/EXECUTRIX
Definition
A person appointed by the testator to carry out the directions and requests in his or her wall.
Term

SIMULTANEOUS DEATH CLAUSE

 

Definition
A clause that states that if a person named as a beneficiary in the will dies within a short period of time after the decedent dies, it will be assumed for purposes of the will that the person in question failed to survive the decedent.
Term
SELF-PROVING CLAUSE
Definition
A notarized affidavit, signed by the attesting witnesses, that may eliminate the need to call witnesses during the probbate process to attest to the validity of the will.
Term
CODICIL
Definition
A supplement or addition to a will that modifies, explains, or adds to its provisions.
Term

LIVING WILL

(also known as a medical detective)

Definition
A document expressing a person's wishes regarding the withholding or withdrawal of life-support or equipment and other heroic measures to sustain life if the individual has an incurable or irreversible condition that will cause death
Term
TRUST
Definition
A legal relationship in which one party holds property for the benefit of another
Term

DONOR

(also known as a grantor or settler)

Definition
A person who creates a trust
Term
TRUSTEE
Definition
The person appointed to administer a trust
Term
PROBATE
Definition
The process of court supervision over the distribution of a deceased person's property
Term
ADMINISTRATOR/ADMINISTRATRIX
Definition
A person appointed by the court to carry out the directions and requests of someone's will...
Term

KINDRED

(also known as consanguinity)

Definition
Persons related to the decedant by blood
Term
Affinity
Definition
Persons related to the decedent by marriage
Term

LINEAL HEIR

(also known as descedents or issue)

Definition
Someone who is a grandparent, parent, child, grandchild, or great-grandchild of the decedent
Term
COLLATERAL HEIR
Definition
One who has the same ancestors, but does not descent from the decedent
Term
INTER VIVOS TRUST
Definition

 one that is created before a persons death

Intervivos is Latin for "among the living"

Term

PER STRIPES

(also known as right of representation)

Definition
 A method of dividing an interstate estate whereby a person takes in place of the dead ancestor
Term
ESCHEAT
Definition
A reversion of property to the state when there are no heirs.
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