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RE LEGAL TERMS
RE Legal Unit Terms
Term | Definition |
---|---|
answer | Explains the position of the defendant and his or her view on the plaintiff’s allegations |
arbitration | Process in which the parties (and/or their attorneys) present their cases to an arbitrator, who renders a decision |
black letter law | Words committed to paper that govern |
civil law | Body of law imposed by the state or government for its citizens |
codify | Compile, arrange, systemize, and write the laws of a given region into a code |
common law | Body of law based on custom and judicial precedent rather than on codified statutes |
compensatory damage | Damages designed to compensate the injured party for the injury that was sustained |
complaint | Summarizes the plaintiff’s case against the defendant including the actual harm done and the demand for compensation for damages incurred |
criminal law | Law that concerns wrongs against persons or society. |
defendant | Person who is being sued |
default judgment | Occurs when a defendant in a lawsuit fails to respond to a complaint and the court then rules in favor of the plaintiff by default |
deposition | Live, oral testimony under oath |
law | Body of rules and principles that every member of society must follow |
litigation | Process of bringing a lawsuit against someone. |
mediation | Process in which a neutral, uninterested third party helps the parties involved in a dispute to negotiate a settlement or other resolution |
plaintiff | Person filing the civil suit in a court of law |
precedent | Concept of looking back at cases previously decided and following those decisions for the sake of consistency and fairness. |
remedy | Compensating the plaintiff for any injuries incurred |
summons | Written request that establishes the plaintiff’s position in filing a complaint and calls for the defendant to answer or appear in court |
tort | Legal wrong for which civil remedies for injuries or damages are provided |
air rights | Rights to the air space above the property |
appropriative water rights | Right to take riparian surface water for a beneficial use on non-adjacent property |
appurtenances | All rights, privileges, and improvements that belong to and pass with the transfer of the property, but that are not necessarily a part of the actual property |
benchmark | Survey reference mark made on a monument indicating a known location and elevation |
block | Contiguous group of lots generally bounded by man-made features, such as streets or natural features, such as creeks |
bundle of rights | All legal rights attached to the ownership of property |
emblements | Annual crops cultivated by tenant farmers and sharecroppers |
fixture | Anything permanently attached to real property |
fructus industriales | Annual crops produced by human labor, such as fruits, nuts, vegetables, and grains |
fructus naturales | Naturally occurring plant growth, such as grasses, trees, and shrubs as part of the real property |
groundwater | Water beneath the surface of the land filling the spaces and cavities between the rocks and soil |
lateral support | Landowners’ right to have their land in its natural condition held in place from the sides by adjoining land so that it will not fall away |
legal description | Written description of a particular parcel of land identifying it as precisely as possible |
lot | Single parcel of land within a subdivision |
metes and bounds | Oldest method used to describe real property |
personal property | Moveable items not permanently attached to land |
plat | Subdivision map showing the location and boundaries of lots, street rights-of-way, project name, and easements |
point of beginning | Point from which a metes and bounds survey begins |
real property | Land, anything permanently attached to the land, anything appurtenant to the land, or anything immovable by law |
riparian rights | Right of an owner of property bordering a surface water source to use the water |
subjacent support | Absolute right of the property owner to have his or her land supported from beneath its surface |
subsurface rights | Rights to the natural resources, such as minerals, oil, and gas below the surface |
survey | Professional measurement of a tract of land with its boundaries, contents, and location relative to other property |
township | Grid of square, each six miles by six miles (36 square miles) |
usufructuary rights | Rights limited to reasonable and beneficial use |
interest | Various rights, privileges, powers, and immunities with respect to real property |
possessory interest | Present right to physically occupy land and to exclude others from that same land |
present interest | Interest in land that can be exercised by the owner today |
future interest | Interest that cannot be exercised today, but which might be exercised in the future |
estate | The quantity, quality, degree, and nature of a person’s interest in real property that may become possessory |
freehold estate | Estate with indefinite duration or that is measured by the length of someone’s life |
nonfreehold estate | Estate with a fixed or determinable duration |
fee simple absolute | Freehold estate that includes all rights to sell, exclude others, finance, and do any other thing with real property allowed by law |
fee simple determinable | Freehold estate with present possessory interest in a grantee with a reversionary interest in the grantor |
life estate | Freehold interest that allows the owner to live on a parcel until death, but that cannot be bequeathed via a will |
periodic tenancy | Leasehold interest for an indefinite period of time |
tenancy for years | Leasehold interest with a fixed term and definite end date |
encumbrance | Interest in real property that is held by someone who is not the owner |
financial encumbrances | Encumbrance that affects title to property |
judgment creditor | Party to a lawsuit who obtains a money judgment against the other party |
abstract of judgment | One-page, recordable document that contains information about a court judgment |
writ of execution | Document directing the sheriff to commence a lien-sale of a parcel of real property |
non-financial encumbrance | Encumbrance that affects the physical use or condition of the property |
easement | Interest for use owned by one person in the land of another person |
dominant tenement | Land benefiting from an easement |
servient tenement | Land burdened by an easement |
license | Permissive use of land that is freely revocable by the grantor |
appurtenant easement | Easement that “runs with the land |
easement in gross | Easement that is a personal right of one person to use land owned by another |
profit-à-prendre | Right to enter another’s land to remove soil, substances of the soil, or other resource |
CC&Rs | Rules and regulations established for a parcel of land and accepted by the owner when the property is purchased or transferred |
covenant | Promise that a certain act will, or will not, be performed |
condition | Limitation imposed by a grantor in a deed that can cause the ownership of the property to revert to the grantor who imposes the condition if the condition is not satisfied |
homestead property | Home, occupied by a family, exempt from the claims of unsecured creditors |
Declaration of Homestead | Recorded notice to protect the equity in a home from forced sale by unsecured creditors |
abatement | Legal process used to remove nuisances and code violations |
allowed uses | Activities permitted within a zoning district as a matter of right |
categorical exclusion | Statutory exemption under the NEPA process given to small projects having no impact on the environment |
CEQA | California law providing a three-tiered environmental analysis of all projects subject to its application |
coastal zone | Area of land that reaches from three miles at sea to an inland boundary varying from a few blocks in urban areas to about five miles in less- developed areas |
conditional uses | Activities not allowed in a zoning district as a matter of right, but that can be allowed if the owner gets a special permit |
discretionary projects | Projects a decision-maker has the authority to approve, to approve with conditions, or to deny |
eminent domain | Power given government agencies to take private property for public use or purpose |
environmental impact report | Report required by CEQA regarding projects potentially having significant environmental impacts |
environmental impact statement | Detailed evaluation required by NEPA regarding the environmental impact of a proposed development |
final map | Map recorded in the county where the property is located |
general plan | The constitution for land use in each city and county in California |
height limits | How tall buildings can be above the average grade |
legally nonconforming use | An existing activity allowed to continue despite a change in the zoning of a parcel |
ministerial projects | Permits or entitlements an applicant has an absolute right to receive |
negative declaration | A finding by state or local agency that a proposed project will not have the potential to cause significant impacts to the environment |
NEPA | Federal law requiring federal agencies to consider the environmental effects of their decisions |
police power | Government’s authority to regulate the health, safety, welfare, and morals of its citizens |
prohibited use | Any uses not listed as either allowed or conditional |
public restrictions | Limitations on use of real property associated with government intervention |
setbacks | Limit on how close a structure can be built to neighboring property lines |
spot zoning | Zoning changed for a single parcel without considering the larger planning context |
tentative map | Map showing the conceptual design of the proposed subdivision and the improvements that will go along with it |
variance | Allowing a use not strictly in compliance with local zoning or building regulations |
zoning | Ordinance dividing a city or county into different districts, identifying what uses can and cannot be made on each parcel |
zoning districts | Areas showing all of the possible classifications that might be given to any particular parcel of land |
adjoining landowners | Persons owning lands that share common boundaries and therefore have mutual rights, duties, and liabilities |
agreed boundary line | Adjoining owners of property with an uncertain boundary set a new boundary line |
boundary line | Artificial or natural perimeter of a parcel of land, separating it from adjacent parcels of land |
continuing trespass | Permanent invasion on another’s rights |
division fence | Fence lying exactly on the boundary line separating two properties |
light, air, and view easement | Negative easement created by grant preventing servient landowner from building a structure or planting trees that would prevent sunlight or air from reaching the dominant estate |
line trees | Trees or hedges whose trunks grow on the boundary line |
nuisance | Activity remaining outside the property that substantially interferes with a person’s reasonable use and enjoyment of his or her property |
nuisance per se | Nuisance by statute or based on case law |
party wall | Partition erected on a property boundary providing common support to the structures on both sides of the boundary |
private nuisance | Nuisance affecting only a few people |
public nuisance | Nuisance annoying the whole community in general |
solar easement | Easement for the purpose of receiving sunlight across real property of another for any solar energy system |
spite fence | Fence exceeding 10 feet in height erected for the purpose of annoying a neighbor |
trespass | Intentional and unauthorized entry upon another’s real property |
CID | Project combining individual ownership of private dwellings with an interest in common with other owners |
community property | Form of concurrent property ownership that exists only between spouses |
condominium | Undivided interest in common in a portion of real property coupled with a separate interest in space called a unit |
cooperative | Form of CID in which a corporation holds title to all of the real property and owners purchase shares of stock in that corporation |
corporation | Legal entity viewed as a legal person (has rights) but not a natural person (has body) |
general partnership | Business entity established by two or more individuals or businesses, which join to operate a business for profit |
interval ownership | Timeshare ownerships |
joint tenancy | Form of concurrent ownership providing for automatic survivorship to the other cotenants upon death |
PD | Community of clustered single-family detached residences, townhouses, garden apartments, and other types of residences, with ample open space, community recreational facilities, and sometimes local shopping and employment centers |
quasi-community property | Property acquired outside of California that would be community property if acquired in California |
severalty | Ownership of a parcel of real property by only one person or entity |
tenancy | Mode or method of ownership or holding title to property |
tenancy in common | Ownership by two or more persons, whose interests are not necessarily equal, in a single estate |
title vesting | Evidence that the owner of land is in lawful possession; it is the proof of ownership |
undivided interest | Interest held under the same title by two or more people or entities, whether their rights are equal or unequal in value or quantity |
alienation | Voluntarily or involuntarily transferring or conveying property to another |
deed | Written instrument used to immediately transfer title to real property from one person to another |
granting clause | Words of purchase, such as grants, conveys, transfers, or sells Deed with no warranties |
gift deed | Deed whose consideration is love and affection |
involuntary alienation | Transfer of property against the wishes of the owner |
foreclosure | Legal procedure lenders use to terminate the trustor’s or mortgagor’s rights in real property to satisfy their liens |
trustee’s sale | Foreclosure method taking approximately four months |
judicial foreclosure | Procedure lender uses to sell a mortgaged property with the involvement of a court |
deficiency judgment | Personal judgment against a borrower for the balance of a debt owed when the security for the loan is insufficient to pay the debt |
partition action | Court proceeding to settle a dispute between co-owners by dividing their interests in real property |
quiet title action | Court proceeding to establish an individual’s right to ownership of real property against one or more adverse claimants |
tax sale | Forced sale of real property by the county to satisfy delinquent taxes |
execution sale | Forced sale of property to satisfy a money judgment |
eminent domain | Power of the government to take private property for public use |
escheat | Property reverts to the state because the deceased owner left no will and has no legal heirs |
holographic will | Will entirely in the handwriting of the testator |
codicil | Later testamentary instrument that supplements validity or disposition of an earlier will |
probate | Legal process to prove that a will is valid |
executor | Person named in a will to administer it |
settlor | Person who sets up a trust on behalf of a beneficiary |
inter vivos | Trust in which the settlor is still alive when the trust is established |
intestate | Term describing a person who dies without leaving a valid will issue Descendants of the testator |
per stirpes | Method of dividing property among the descendants of someone who has died intestate |
adverse possession | Obtaining title by occupying land for a statutory time period without the permission of the owner |
accretion | Gradual enlargement of land through the accumulation of sediment |
avulsion | Sudden, perceptible loss of land |
constructive notice | Notice given by recording a document |
priority | Order in which deeds are recorded |
Business & Professions Code | Portion of codified California law covering real estate professionals |
Real Estate Law | Law that affects the licensing and conduct of real estate brokers and salespeople |
Real Estate Commissioner | Head of the Bureau of Real Estate |
payment of child support | If not paid by an obligor, his or her license will be suspended |
Recovery Account | Account to pay otherwise uncollectible court judgments against licensees who have committed fraud or misrepresentation in a real estate transaction |
real estate broker | Person with a real estate license who can employ someone who holds a salesperson or a broker license |
agent | Role of a broker to his or her client |
branch office | Any business location other than the main office |
DBA | Acronym for a fictitious business name |
restricted license | Type of probationary license issued when a license has been suspended, revoked, or denied after a hearing |
eLicensing Interactive | online system used for license renewal and change transactions |
Order to Desist and Refrain | Court-ordered demand that prohibits a business or individual from carrying on a particular activity |
Administrative Law Judge | Person who makes recommendations to the Commissioner concerning discipline, after a formal hearing |
commingling | Mixing of the principal’s funds with the broker’s own |
secret profits | Money obtained by buying property from a client and reselling it quickly to someone else, rather than allowing the client to reap the benefits of the greater sale |
moral turpitude | Conduct considered contrary to community standards of justice, honesty, or good morals |
false advertising | Promoting sales with inaccurate information |
blockbusting | Term for inducing panic sales |
referral fees | Money paid illegally in exchange for generation of business |
solicitation materials | Business cards, stationery, advertising fliers, and other materials designed to solicit a professional relationship between the licensee and a consumer |
agency | Legal relationship in which a principal authorizes an agent to act as the principal’s representative when dealing with third parties |
fiduciary | relationship Implies a position of trust and confidence |
agent | Person who has the authority to act on the behalf of another, representing the business interests of that person |
principal | Client who gives authority to an agent to represent his or her interests in dealing with third parties |
third party | Customer who may be affected by the terms of an agreement but who is not a part of the agreement |
general agency | Relationship in which a principal delegates ongoing tasks or duties to an agent under his or her employ |
special agency | Relationship in which a principal delegates limited tasks or specific duties to an agent under his or her employ |
cooperating broker | Selling agent who assists another broker by finding a buyer |
dual agent | Broker acting as agent for both the seller and the buyer in the same transaction |
sales associate | Licensed real estate salesperson or broker whose license is held by an employing licensed broker |
right to control | How much direction the broker exercises over the person the broker has hired |
power of attorney | Written document that gives a person legal authority to act on behalf of another person |
ratification | Acceptance of an act already performed |
estoppel | Legal bar that prevents a person from asserting facts or rights that are not consistent with what was implied by the person’s previous behavior |
obedience | Willingness to follow the orders of others |
confidentiality | Discretion in holding privileged information |
material fact | Any fact that would seem likely to affect the judgment of the principal in giving consent to the agent to enter into the particular transaction on the specified terms |
misrepresentation | Making a false statement or concealing a material fact |
respondeat superior | “Let the superior answer.” |
Indemnification Protect | against damage, loss, or injury, or to make compensation for damage, loss, or injury |
Civil Rights Act of 1866 | First federal law outlawing discrimination on the basis of race |
Thirteenth Amendment | Part of the Constitution that outlawed slavery and allows Congress to pass laws prohibiting private acts of race discrimination |
restrictive covenant | Clauses in deeds that prohibited the sale of real property to members of certain races or religious groups |
Fourteenth Amendment | Part of the Constitution that includes the Due Process Clause and the Equal Protection Clause |
Commerce Clause | Provision of the Constitution giving Congress the authority to regulate commerce among the several states |
Jones v. Mayer | Court case that upheld the 1866 Civil Rights Act |
Civil Rights Act of 1968 | Act that expanded protected classes to include not only race, but also color, religion, sex, and national origin |
protected class | Group that is guarded from discrimination under federal or state law |
Fair Housing Act | Title VIII of the Civil Rights Act of 1968 and the Fair Housing Amendments Act of 1988, taken together |
familial status | Relationship of people in a family |
redlining | Practice of not making loans for property in certain neighborhoods, or to members of certain minority groups |
steering | Practice of directing members of certain racial or ethnic groups to certain neighborhoods |
Equal Housing Opportunity Poster | Document that displays the equal housing logo |
Americans with Disabilities Act | Federal law requiring that persons with handicaps be given equal access to goods and services |
public accommodation | Any private entity that owns, operates, or leases a place open to the public if the operation of that place affects commerce |
reasonable accommodation | Change in a business’ policies, practices, or procedures if necessary to afford persons with disabilities the enjoyment of goods, services, or accommodations |
Fair Employment and Housing Act | California law that prohibits discrimination by employers and in real estate sales and rentals |
police power | California Legislature’s authority to pass any law that it believes is necessary to protect its citizens’ health, safety, welfare, or morals |
Unruh Civil Rights Act California | law providing that all persons in California are free and equal and entitled to the full and equal accommodations by all business establishments |
Regulation 2780 | Commissioner’s Regulation prohibiting licensees to violate fair housing laws |
monopoly | Person or group with exclusive control over a product or service within a given region |
horizontal arrangements | Business agreements between competitors |
price fixing | Agreement of one or more persons to set prices for goods or services |
group boycotting | Deliberate exclusion of a particular business or group from the benefits of competition |
market division | Two or more competing businesses agree to allocate the market among themselves |
tying | Illegal action requiring buyers to purchase one product or service in order to obtain another product or service |
Sherman Antitrust Act | Basic federal antitrust statute |
Clayton Antitrust Act | Antitrust act enacted to supplement the Sherman Antitrust Act |
Federal Trade Commission Act | Federal law enacted to protect the public from anti-competitive acts |
Unfair Competition Law | Ca.’s most frequently used consumer protection statute found in the B&P Code, Sect. 16720 est. bus. relationship Caller had a transaction w/ the receiver w/in the last 18mos.; or the customer has made an inquiry with the caller’s firm in the last 3 months |
commercial email message | Any electronic mail message with the primary purpose of which is the commercial advertisement or promotion of a commercial product or service |
transactional email messages | Emails sent as part of an ongoing commercial transaction |
Equal Credit Opportunity Act | Act ensuring that consumers have an equal chance to obtain credit |
Regulation B | Regulation that implements the provisions of the Equal Credit Opportunity Act |
Fair Credit Reporting Act | Act promoting the accuracy of information collected by credit reporting agencies |
Truth in Lending Act | Federal law requiring consumer loan agreements in which a security interest is acquired by the lender to contain certain disclosures |
Regulation Z | Regulation that implements the Truth in Lending Act |
creditor | Lender who regularly makes real estate loans secured by a dwelling and whose loans are subject to a finance charge |
finance charge | Amount charged to the consumer for the credit |
annual percentage rate | Relative cost of credit expressed as a yearly rate |
right to rescind | Right to cancel a real estate loan |
Holden Act | California law referred to as the “fair lending law” |
redlining | Illegal use of a property location to deny financing or insurance |
settlement | Process by which ownership of real property or title to the property is passed from seller to buyer |
contract | Agreement to do or not to do a certain thing |
unilateral contract | Contract in which the offeror bargains for the performance of an act as the acceptance of the offer |
bilateral contract | Contract in which the promises mutually exchanged by each party constitute the consideration for the contract |
competence | Element of all valid contracts that requires the parties to be over 18, of sound mind, and not deprived of civil rights |
minor Person | under the age of 18 |
offer Proposal | indicating a present intent by the person making the proposal to be bound by a contract |
lapse of time | Way an offer is deemed to be terminated because the offeree failed to respond within a reasonable period after the offer |
acceptance | Manifestation on the part of the offeree to agree to the terms of an offer unconditionally |
counteroffer | Response to an offer that changes some term of the offer |
mailbox rule | Exception to the rule that an offer must be communicated to an offeree, making an acceptance binding upon deposit in the U.S. Mail |
consideration | Any benefit conferred upon the promisor in a contract that will support the formation of a contract |
valid contract | Contract with all required elements and is therefore binding and enforceable |
parol evidence | Oral statements made during the negotiation of a contract that are “merged” into a written agreement upon its execution |
condition precedent | Event, which if it occurs, excuses one party from further obligations to perform under a contract |
condition subsequent | Something that must happen before one party to a contract is obligated to perform |
liquidated damages | Term in a contract by which the parties agree that if one party breaches the agreement, their liability is limited to a specific amount |
mutual rescission | All parties to a contract agree to cancel the agreement and put themselves back where they started |
breach | Failure by one party to comply with his or her obligations under a contract |
statute of limitations | Time limit for someone to file a lawsuit or be forever barred from enforcing a legal right in court |
laches | Flexible time limit within which someone must seek an equitable remedy from a court |
unauthorized practice of law | Misdemeanor under Business and Professions Code §6125 |
contra proferentem | Ambiguous terms in a contract should be interpreted against the party drafting the document |
electronic record | Record created, generated, sent, communicated, received, or stored by electronic means |
electronic signature | Electronic sound, symbol, or process attached to or logically associated with a record and executed or adopted by a person with the intent to sign the record |
listing agreement | Written contract by which a principal, or seller, employs a broker to sell real estate |
no deal, no commission clause | Clause expressly stating that no commissions are paid unless the property actually sells |
procuring cause | Person responsible for the ultimate sale of real property so as to be entitled to a commission |
safetyclause | Clause protecting listing broker’s commission, if the owner personally sellsthe property to someone who was shown the property or made an offerduring the term of the listing |
exclusive agency listing | Listing in which the broker is entitled to a fee only if the seller does not find a buyer on his or her own |
open listing | Listing, not exclusive to one broker |
net listing | Listing between a broker and a seller setting the broker’s fee above a certain minimum amount |
buyer representation agreement | Employment contract between a buyer and a broker |
purchase agreement | Original purchase contract between the buyer and seller |
option | Contract to keep an offer open for a set period of tim |
optionee | Person who wants to purchase or lease property under an option |
red flag | Something that alerts a reasonably observant person of a potential problem |
material facts | Items that would affect the value or desirability of the property |
Agency Relationship Disclosure Act | Act clarifying the relationships between sellers, brokers, and buyers |
caveat emptor | Let the buyer beware |
Real Estate Transfer Disclosure Statement | Detailed statement telling what the seller knows about the condition of the property |
Natural Hazard Disclosure Statement | Prescribed statement warning prospective buyers about 6 specific hazards that may limit the ability to develop the real property, to obtain insurance, or to receive assistance after a disaster |
flood hazard boundary maps | Maps identifying general flood hazards within a community |
inundation map | Map indicating areas that may flood as the result of a dam failure |
fault creep | Movement along an earthquake fault caused by stress and/or earthquake shaking |
asbestos | Mineral fiber that causes lung and stomach cancer |
radon | Colorless cancer-causing gas detected with a spectrometer |
lead | Mineral that causes major health problems, especially learning disabilities |
formaldehyde | Chemical organic compound found in building materials, which may be a carcinogen |
hazardous waste | Chemicals, explosives, radioactive, or biological materials whose disposal is regulated by the EPA |
household hazardous waste | Consumer products (paints, cleaners, stains, varnishes, car batteries, motor oil, and pesticides) containing hazardous components |
mold | Fungus that reproduces by means of spores |
ordnance | Military weapons and ammunition |
Mello-Roos District | Area with a special assessment imposed on real property owners within a Community Facilities District |
common interest development | Name for community apartment project, condominium project, planned development, or stock cooperative |
R-value | Resistance to heat loss |
tenancy | Renter’s right to take exclusive possession and use of the owner’s rental unit in consideration for rent |
rental unit | Owner’s house, duplex, condominium, or apartment made available to a renter |
periodic rental agreement | Month-to-month rental agreement |
rental period | Length of time (days, weeks, months) between the rent payments |
lease | Rental agreement with a predetermined length of time |
security deposit | Refundable deposit that the landlord requires the tenant to pay at the beginning of the tenancy |
implied warranty of habitability | Requirement of landlords to maintain their rental units in a condition that substantially complies with state and local building, health, and safety codes |
sublease | Arrangement in which a lessee rents his or her leasehold interest to another party |
assignment | Transfer of the entire leasehold estate to a new person |
three- day notice | Notice instructing tenant to either leave the rental unit or comply with theterms of the rental agreement |
unlawful detainer action | Lawsuit to remove a tenant and return the rental unit to its owner |
writ of possession | document issued by the court commanding the tenant to leave the premises within five days |