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B Law 2 Unit 2 Ch 36

Real Property and Landlord-Tenant Law

TermDefinition
fixture An item of personal property that has become so closely associated with real property that it is legally regarded as part of that real property.
fee simple absolute An ownership interest in land in which the owner has the greatest possible aggregation of rights, privileges, and power.
life estate An interest in land that exists only for the duration of the life of a specified individual, usually the holder of the estate.
conveyance The transfer of title to real property from one person to another by deed or other document.
nonpossessory interest In the context of real property, an interest that involves the right to use land but not the right to possess it.
easement A nonpossessory right, established by express or implied agreement, to make limited use of another’s property without removing anything from the property.
profit In real property law, the right to enter onto another’s property and remove something of value from that property.
license In the context of real property, a revocable right or privilege to enter onto another person’s land.
implied warranty of habitability An implied promise by a seller of a new house that the house is fit for human habitation. Also, the implied promise by a landlord that rented residential premises are habitable.
deed A document by which title to real property is passed.
warranty deed A deed that provides the greatest amount of protection for the grantee: the grantor promises that he has title to the property conveyed, that there are no undisclosed encumbrances, and that the grantee will enjoy quiet possession of the property.
special warranty deed A deed that warrants only that the grantor held good title during his ownership of the property and does not warrant that there were no defects of title when the property was held by previous owners.
quitclaim deed A deed that conveys only whatever interest the grantor had in the property and therefore offers the least amount of protection against defects of title.
recording statutes Statutes that allow 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.
adverse possession The acquisition of title to real property by occupying it openly, without consent of the owner, for a period of time specified by statute. The occupation must be actual, exclusive, open, continuous, and in opposition to all others, including the owner.
eminent domain The power of a government to take land from private citizens for public use on the payment of just compensation.
condemnation The process of taking private property for public use through the government’s power of eminent domain.
taking The taking of private property by the government for public use through the power of eminent domain.
leasehold estate An interest in real property that gives a tenant a qualified right to possess and/or use the property for a limited time under a lease.
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.
periodic tenancy A type of tenancy created by lease for an indefinite period with payment of rent at fixed intervals, such as week to week, month to month, or year to year.
tenancy at will A type of tenancy that either the landlord or the tenant can terminate without notice.
tenancy at sufferance A type of tenancy under which a tenant continues wrongfully to occupy leased property after the lease has terminated.
eviction A landlord’s act of depriving a tenant of possession of the leased premises.
constructive eviction A form of eviction that occurs when a landlord fails to perform adequately any of the duties required by the lease, thereby making the tenant’s further use and enjoyment of the property exceedingly difficult or impossible.
sublease A tenant’s transfer of all or part of the leased premises to a third person for a period shorter than the lease term.
Created by: leighg2011