property & real estate law

public easement

Public easement is the right of the public to use certain streets, highways, paths, or airspace, even though the areas are owned by others. In a public easement, the person who owns the land has to allow members of the public to access a...

pur autre vie

Pur autre vie (per o-truh vee) is a French legal phrase which means “for another’s life.” This phrase is durational in meaning as it is “another’s life,” not that of the possessor, that is used to measure the amount of time someone has a...

Qualified indorsement (endorsement)

Qualified indorsement (or endorsement) is an indorsement that passes title to a negotiable instrument with certain restrictions. It is an indorsement coupled with an additional phrase, e.g. "without recourse," thereby limiting the liability...

qualified intermediary

A qualified intermediary refers to a person who “[e]nters into a written agreement with the taxpayer . . . and, as required by the exchange agreement, acquires the relinquished property from the taxpayer, transfers the relinquished property,...

qualified ownership

Ownership with restrictions or requirements is known as qualified ownership. It is constrained by time, the interests of a third party, or constraints on the property's usage, or shares. The opposite concept is absolute ownership.

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Quasi-community property

Quasi-community property is the property spouses acquired when they were not domiciled in a community property state. Community property states (i.e. Arizona, California, Idaho, Louisiana, Nevada, New Mexico, Texas, Washington, and Wisconsin...

quasi-personalty

Quasi-personalty refers to things that are actually fixed to real property either actually or fictitiously, but regarded as movable (personal property) by law. For example, property such as a fixture or lease for years, although immovable, is...

Quiet title

Definition

See quiet title action.

quiet title action

A quiet title action is a special legal proceeding to determine ownership of real property. A party with a claim of ownership to land can file an action to quiet title, which serves as a sort of lawsuit against anyone and everyone else who...

Quitclaim deed

Definition

A document by which a grantor conveys his or her present interest, if any, in a given parcel of real property to a grantee without representing, covenanting, or warranting that the title is good.

Illustrative caselaw

See, e.g. Spreckels...

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