property law

Blackacre

Fictional plot of land often used by legal scholars in discussions of real property law.

See Whiteacre (related).

Bona fide purchaser

Someone who obtains property for value without notice of any problems with its title (e.g., competing claims of ownership).

Civil Forfeiture

Overview

Civil forfeiture occurs when the government seizes property under suspicion of its involvement in illegal activity. Such a proceeding is conducted in rem, or against the property itself, rather than in personam, or against the owner of the...

Community Property with Right of Survivorship

Property that is jointly owned by both spouses; and on the death of one spouse their 1/2 share will pass directly to the other spouse without going through probate.

For example, Husband and Wife own a house in a community property state. Each...

Covenant of Quiet Enjoyment

Definition

A formal agreement, typically in a deed or lease, in which a seller or lessor promises to protect a buyer or lessee in the event of a disturbance of his or right to quiet enjoyment of the property he or she is buying or leasing. A covenant of...

Curtilage

Curtilage includes the area immediately surrounding a dwelling, and it counts as part of the home for many legal purposes, including searches and many self-defense laws. When considering whether something is in a dwelling's curtilage, courts consider...

Debtor and Creditor

debtor and creditor: an overview

Debtor-creditor law governs situations where one party is unable to pay a monetary debt to another. There are three types of creditors. First are those who have a lien against a particular piece of property. This...

Energy

Energy Law: An Overview

For most of American history, the federal government did not play an active role in the energy industries. (This history is often explained by the widespread belief in the unlimited supply of energy). During the Great Depression...

Eviction

Eviction: An Overview Contents:IntroductionSources of LawReasons for EvictionRetaliatory EvictionOther Prohibited ConductNoticeCourt ProceedingsRemovalsChanges in Property OwnershipCosts of EvictionsRelated TopicsAdditional Sources...

Fair Market Value

The value of property as determined by the market place (or objective purchasers) rather then as determined by a subjective individual. This is what an informed and unpressured buyer would pay to an informed unpressured seller in an arms length...

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