adverse possession
The acquisition of title to real property by occupying it openly, without the consent of the owner, for a period of time specified by a state statute. The occupation must be actual, open, notorious, exclusive, and in opposition to all others, including th
bulk zoning
Zoning regulations that restrict the amount of structural coverage on a particular parcel of land.
closing
The final step in the sale of real estate; also called settlement or closing escrow. The escrow agent coordinates the closing with the recording of deeds, the obtaining of title insurance, and other closing activities. A number of costs must be paid, in c
community property
A form of concurrent ownership of property in which each spouse in a marriage technically owns an undivided one-half interest in property acquired during the marriage. This form of joint ownership occurs in only ten states and Puerto Rico.
concurrent ownership
Joint ownership
constructive eviction
A form of eviction that occurs when a landlord fails to perform adequately any of the undertakings (such as providing heat in the winter) required by the lease, thereby making the tenant's further use and enjoyment of the property exceedingly difficult or
conveyance
The transfer of a title to land from one person to another by deed; a document (such as a deed) by which an interest in land is transferred from one person to another.
deed
A document by which title to property (usually real property) is passed.
easement
A nonpossessory right to use another's property in a manner established by either express or implied agreement.
eminent domain
The power of a government to take land for public use from private citizens for just compensation.
escrow account
An account, generally held in the name of the depositor and the escrow agent, containing funds to be paid to a third person on fulfillment of the escrow condition.
eviction
A landlord's act of depriving a tenant of possession of the leased premises.
fee simple absolute
An ownership interest in land in which the owner has the greatest possible aggregation of rights, privileges, and power. Ownership in fee simple absolute is limited absolutely to a person and his or her heirs.
fixed-term tenancy
A type of tenancy under which property is leased for a specified period of time, such as a month, a year, or a period of years.
fixture
A thing that was once personal property but has become attached to real property in such a way that it takes on the characteristics of real property and becomes part of that real property.
general plan
A comprehensive plan that local jurisdictions are often required by state law to devise and implement as a precursor to specific land-use regulations.
implied warranty of habitability
An implied promise by a landlord that rented residential premises are fit for human habitationthat is, in a condition that is safe and suitable for people to live in. A similar implied promise is made by sellers of new homes in most states.
joint tenancy
The joint ownership of property by two or more co-owners in which each co-owner owns an undivided portion of the property. On the death of one of the joint tenants, his or her interest automatically passes to the surviving joint tenant(s).
lease
In real property law, a contract by which the owner of real property (the landlord, or lessor) grants to a person (the tenant, or lessee) an exclusive right to use and possess the property, usually for a specified period of time, in return for rent or som
leasehold estate
An estate in realty held by a tenant under a lease. In every leasehold estate, the tenant has a qualified right to possess and/or use the land.
license
In the context of real property, a revocable right or privilege of a person to come onto another person's land.
life estate
An interest in land that exists only for the duration of the life of some person, usually the holder of the estate.
metes and bounds
A system of measuring boundary lines by the distance between two points, often using physical features of the local geography, such as roads, intersections, rivers, or bridges. The legal descriptions of real property contained in deeds often are phrased i
nonpossessory interest
In the context of real property, an interest in land that does not include any right to possess the property.
periodic tenancy
A lease interest in land for an indefinite period involving payment of rent at fixed intervals, such as week to week, month to month, or year to year
personal property
Property that is movable; any property that is not real property.
profit
In real property law, the right to enter onto and remove things from the property of another (for example, the right to enter onto a person's land and remove sand and gravel from it).
quitclaim deed
A deed intended to pass any title, interest, or claim that the seller may have in the property but not warranting that such title is valid. A quitclaim deed offers the least amount of protection against defects in the title.
real property
Land and everything attached to it, such as vegetation and buildings.
recording statute
A statute that allows deeds, mortgages, and other real property transactions to be recorded so as to provide notice to future purchasers or creditors of an existing claim on the property.
sublease
A lease executed by the lessee of real estate to a third person, conveying the same interest that the lessee enjoys but for a shorter term than that held by the lessee.
tenancy at will
A type of tenancy under which either party can terminate the tenancy without notice; usually arises when a tenant who has been under a tenancy for years retains possession, with the landlord's consent, after the tenancy for years has terminated.
tenancy in common
Co-ownership of property in which each party owns an undivided interest that passes to her or his heirs at death.
use zoning
Zoning classifications based on the uses to which the land may be put.
warranty deed
A deed in which the seller assures (warrants to) the buyer that the grantor has title to the property conveyed in the deed, that there are no encumbrances on the property other than what the seller has represented, and that the buyer will enjoy quiet poss
zoning
The division of a city by legislative regulation into districts and the application in each district of regulations having to do with structural and architectural designs of buildings and prescribing the use to which buildings within designated districts
zoning variance
The granting of permission by a municipality or other public board to a landowner to use his or her property in a way that does not strictly conform with the zoning regulations so as to avoid causing the landowner undue hardship.