Abrogate in real estate refers to the act of abolishing, withdrawing, canceling, retracting, revoking, or repealing certain laws, provisions, or regulations that govern property, land use, or zoning.
Access right refers to the legal entitlement of property owners to reach their own property, ensuring unobstructed passage. It is a fundamental aspect of property law that supports the practical use and value of real estate.
An action to quiet title is a lawsuit brought to establish a party's title to real property and 'quiet' any challenges or claims to the property. This process resolves disputes and clarifies property ownership.
Actual Notice refers to the conveyance of information to a party relating to a fact or proceeding that concerns that party, delivered directly to ensure awareness.
Actual possession refers to the physical control or occupancy of a property, distinct from legal ownership, where a person or entity exercises real custody or control over a property.
Air space refers to the portion of real estate located above ground level. Owners of property with vertical structures often have rights to the air space above their tangible property, up to a certain elevation regulated either by local laws or agreements.
Annexation is the process by which an incorporated city extends its boundary to include additional territory, often requiring legal procedures and public votes. In real estate context, it also refers to the permanent attachment of personal property to a property.
Anticipatory breach, also known as anticipatory repudiation, occurs when one party to a contract declares that they have no intention of fulfilling their obligations defined in the contract. This declaration relieves the other parties from any contractual obligations and may allow them to seek remedies.
An appurtenance refers to anything adjacent or pertinent to a piece of property, enhancing its use and contributing to its greater enjoyment, such as easements, rights-of-way, or parking spaces.
An Attorney's Opinion of Title is a legal document in which an attorney provides their judgment regarding the validity and marketability of a property title after conducting a thorough examination of public records and property title abstracts.
A condition where complete real estate ownership is impaired by unsettled claims and liens, which may prevent an owner from selling the property.
The Bundle of Rights Theory posits that property ownership entails a collection of distinct rights, including the rights of occupancy, use, and enjoyment, as well as the ability to sell, bequeath, give, or lease these rights.
A Conditional Estate, also known as Fee Simple Defeasible, is a type of ownership where the owner's rights may be revoked upon the occurrence or non-occurrence of a particular event.
Confiscation involves the seizure of private property for public use, primarily by the government, although it can occur under other authorities. It is not the same as eminent domain as it often occurs without compensation to the owner.
A construction lien is a claim made by contractors, subcontractors, or suppliers who have performed work or provided materials but have not been paid. It ensures they are compensated by securing a legal right against the property where the work was performed or materials supplied.
A deed restriction is a clause in a deed that may be inserted by a seller to limit the use of land, often to maintain property values or adhere to specific community standards.
Document recording is a crucial process in real estate transactions that involves filing documents, such as deeds or mortgages, with a recorder of deeds or an appropriate government office to create a public record of property ownership and interests.
A dominant tenement refers to a parcel of land that benefits from an easement on an adjacent or nearby property, known as the servient tenement, allowing specific uses such as access or utilities.
Due Process refers to the legal necessity for following established procedures when the government intends to limit or seize an individual’s property rights. This ensures fair treatment by providing appropriate notifications and opportunities for affected parties to present their viewpoints.
Duress in real estate refers to a situation where an individual is compelled to enter into a contract or agreement due to a threat or coercion, making the contract voidable.
An easement is a legal right allowing one party to use another property owner's land for a specific purpose. It manifests through agreements that outline the extent and conditions of use.
Emblements refer to growing crops which are considered to be personal property. This concept primarily applies to tenant farming wherein a tenant has the right to harvest crops even after the lease on the land has expired.
Escheat is the legal process by which the ownership of property reverts to the state or government when the property owner dies intestate (without a will) and has no legal heirs. This ensures that the property does not remain ownerless and is used in a manner that benefits the public.
An Estate at Sufferance refers to a situation where a tenant continues to occupy a property after the expiration of their lease, without the landlord's permission.
An estate in reversion is a future interest that a grantor retains for themselves, which begins after the termination of some particular estate that has been granted.
In real estate, a 'Good Title' refers to the legal concept that a property owner holds legitimate, documented ownership free from any disputes or encumbrances that could invalidate or challenge their property ownership. This assurance ensures a smooth transfer of title during sales or transfers.
An implied easement, also known as an easement by implication, is a legal right to use someone else's property for a specific purpose without formal documentation. It is typically established through long-term use and necessity.
In perpetuity refers to an indefinite duration, often used legally to describe rights that are permanent or last indefinitely.
An involuntary lien is a legal claim against property imposed without the owner's consent, often due to unpaid obligations like taxes or special assessments.
In early English law, the phrase 'land, tenements, and hereditaments' was used to encompass all sorts of real property, including the rights and interests inherent in real estate ownership.
The term 'Littoral' pertains to properties situated adjacent to a large body of water, such as an ocean, sea, or lake. This term is differentiated from 'Riparian,' which refers to properties adjoining a river, stream, or other flowing body of water.
Mineral rights are the privileges granted to individuals or entities regarding the extraction and sale of minerals found on or beneath a piece of land. These rights are separate from surface and air rights.
A Party Wall is a wall built along the line separating two properties, partly on each parcel. Either owner has the right to use the wall and has an easement over that part of the adjoining owner’s land covered by the wall.
A proprietary lease in a cooperative apartment building is an agreement granted by the corporation to its stockholders, which entitles them to rent or use a specific apartment unit upon meeting the conditions outlined.
A Reciprocal Easement Agreement (REA) is a legal contract between owners of adjacent parcels of land, allowing the mutual use of both parcels for specified purposes such as access, parking, and utilities. REAs are commonly used in commercial developments to ensure seamless operation and movement between different parts of a property.
Reliction is the gradual subsidence of water levels that exposes previously submerged land, creating dry land.
In real estate, a remainder refers to the portion of an estate that takes effect after the termination of a prior estate, such as a life estate. It can also denote the part of a property retained by the owner after a partial acquisition by the government through eminent domain.
A Remainderman is the individual who is designated to inherit or receive possession of a property after the termination of the preceding estate, typically after the death of a life tenant.
Restraints on alienation refer to conditions placed on property ownership that limit the owner's ability to transfer or sell the property. Such restraints are generally scrutinized under laws governing property rights and public policy considerations.
Reversionary Interest is the interest a person retains in property after the termination of the preceding estate. Typically, it applies when the original owner grants an estate but retains a future interest.
The Right of First Refusal (ROFR) grants a party the opportunity to match the terms of a proposed contract before it is executed with an outside party.
A scenic easement is an encumbrance on the title to a property intended to preserve its natural or undeveloped state, often to protect the aesthetic or environmental values of the area.
In community property states, separate property refers to property acquired by either spouse prior to marriage or by gift or devise after marriage, as distinct from community property.
A short form is a concise document, often no more than two pages, that references another, more detailed document. It is usually recorded at the county courthouse to avoid handling a longer, more cumbersome document.
A specific lien is a claim on a specific piece of property used as collateral for a loan. This differs from a general lien, which is a claim on all assets of an individual.
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. Over time, this right may eventually be converted to title to the property through adverse possession, if recognized by state law. It does not apply to publicly owned property.
Statutory Dedication refers to the formal process where property owners, such as developers of subdivisions, dedicate parts of their property, like streets, to public use by filing a plat.
Tenancy for life, often referred to as a life estate, is a form of property ownership where one person (the life tenant) has the right to use and benefit from a property for the duration of their lifetime. Upon the death of the life tenant, the property passes to another party known as the remainderman or reversionary interest holder.
Tenements refer to certain types of property, particularly older apartment units, and generally describe structures that are permanent and attached to land. They form part of the broader category of real property.
Tenure in land refers to the mode in which a person holds an estate in lands. This includes various forms such as fee simple ownership and leasehold estates.
Undivided interest refers to a form of property co-ownership where each owner has a share of the whole property without having exclusive rights to any specific part of it.
In the context of real estate and eminent domain, an uneconomic remainder refers to the portion of a property left after a partial taking by condemnation, which has little or no value in the marketplace. This typically occurs because the taking leaves the remainder with limited access, or an irregular shape or size that renders it unusable.
Usufructuary rights refer to the legal right to use and enjoy the benefits of someone else's property without owning it. These rights are often pertinent to natural resources like water or land.
A utility easement is a legal right granted to a utility company or public service entity to use or access specific portions of a property for the purpose of laying and maintaining infrastructure such as electric, gas, water, and sewer lines.
In the context of real estate, a `void` agreement means that it has no legal force or effect and is unenforceable from the outset. A void contract does not legally bind any of the parties involved and is treated as if it was never entered into.
A waiver is the voluntary renunciation, abandonment, or surrender of a claim, right, or privilege, often formalized through a written statement. In real estate, waivers are commonly used to relinquish specific rights or stipulations within contracts or agreements.
Water rights dictate the legal entitlements of water usage owned by individuals or entities, covering both surface and groundwater. These rights are essential in agricultural, commercial, and residential sectors.
