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.
Adjudication is the legal process by which a judge or adjudicator reviews evidence and argumentation to come to a decision or judgment regarding a contested matter. It is commonly used in real estate, eminent domain, landlord-tenant disputes, and property tax appeals.
Built-ins refer to appliances, machinery, and other equipment that are constructed as part of a building rather than being freestanding and movable. These items are typically considered real property upon the sale of real estate.
Corporeal refers to tangible, visible physical property. It encompasses both real and personal property that can be seen and touched, such as buildings, fences, and pavement, as opposed to intangible assets like easements.
A deed is a written document, properly signed and delivered, that conveys title to real property. It serves as a legal record of ownership and may include warranties or specific conditions. There are several types of deeds, including general warranty deeds, quitclaim deeds, and special warranty deeds.
A Deed of Trust is a legal instrument used in many states instead of a mortgage to secure the repayment of a loan. Legal title to the property is vested in one or more trustees, who hold it as security for the loan.
An ejectment action is a legal process utilized to regain possession of real property from someone who is unlawfully occupying it, particularly when there is no lease agreement in place.
An estate encompasses the degree, nature, and extent of interest that a person has in real property as well as all their property, real or personal, that they own and leave at death.
The party to whom the title to real property is conveyed; essentially, the buyer in the transaction.
An incumbrance (or encumbrance) is a claim, lien, charge, or liability attached to and binding real property. These claims often affect the property's use, transferability, or value.
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.
A Life Estate is a type of freehold interest in real property that lasts for the lifetime of an individual. Upon their death, the property either reverts to the original owner or passes to a remainderman.
A parcel is a defined piece of property under one ownership. It can be a standalone lot or part of a larger subdivision.
Partition refers to the division of real property among co-owners who hold it with undivided interests, ensuring each party receives a specific portion or the equivalent value in cases of physical impracticability.
Personal property, also referred to as personalty, is any asset other than real estate. It includes items that are movable and not affixed to or associated with the land.
Real Property encompasses a variety of rights associated with the use and ownership of land and structures. It can include a full ownership interest, the use of a property under a lease, or partial interests like easements.
Real Property Trades or Businesses encompass various activities in real estate such as development, construction, rental, and management. For tax purposes, a taxpayer must own an interest greater than 5% in the business for the hours to count toward material participation.
A Recorder is the public official responsible for maintaining records of documents pertaining to real property, including deeds, mortgages, and liens. This vital role ensures the documentation is publicly accessible.
Recording is the process of formally documenting instruments affecting the title to real property in a public registry, thus giving legal notice of the recorded facts to the world.
Seisin refers to the legal possession of a freehold estate in real property. It indicates ownership rights to realty by an individual holding a fee simple estate, life estate, or other sellable interests.
Severalty refers to the ownership of real property by an individual as an individual, granting exclusive property rights without partners or co-owners.
Tenancy refers to the right of possession of real property, which can relate to both ownership and occupancy. It includes various forms such as tenancy in common and joint tenancy.
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.
