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Property Law Essentials

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Adverse Possession

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Adverse Possession allows a trespasser to obtain legal title to land after continuous and notorious possession for a statutory period under certain conditions.

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Riparian Rights

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Riparian Rights are the rights of landowners whose land is adjacent to a body of water, such as a river or stream, to make reasonable use of the water.

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Life Estate

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A Life Estate is an interest in real property that lasts for the duration of an individual's life but cannot be inherited.

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Covenant

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A Covenant is a written agreement or promise between parties that involves obligations to do or refrain from doing something with property, and it can be binding on future owners.

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Fee Simple Absolute

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A Fee Simple Absolute is the most extensive interest in land that one can possess, involving both ownership and the right to use the property without limitations.

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Condemnation

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Condemnation is the legal process by which the government exercises its power of eminent domain to acquire private property for public use.

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Dominant Estate

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Dominant Estate refers to the property that benefits from an easement, as opposed to the Servient Estate which is the property over which the easement runs.

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Warranty Deed

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A Warranty Deed is a deed that guarantees a clear title to the buyer of real property, ensuring that there are no liens or encumbrances against the title.

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Assignment

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An Assignment in property law is the transfer of rights or interests in a property or contract to another party.

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Servitude

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A Servitude is a legal right granted to use the property of another for a specific purpose, such as a right of way or utility easement.

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Quiet Title Action

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A Quiet Title Action is a lawsuit filed to establish ownership of real property and eliminate any challenges or claims to the title.

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Encumbrance

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An Encumbrance is a claim, lien, charge, or liability attached to and binding real property that may lessen its value or burden or obstruct the use of the property.

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Tenancy in Common

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Tenancy in Common is a form of joint possession where each co-owner has a distinct, undivided interest in property which is not necessarily equal in size.

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Bundle of Rights

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The Bundle of Rights is a common metaphor to explain the complexities of property ownership, which includes the right to possess, use, exclude, profit from, and dispose of the property.

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Liens

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A Lien is a legal right or interest that a lender or creditor has in another's property, usually as security for a debt.

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Trespass

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Trespass is the unlawful entry onto the land of another. This can include causing an object or substance to enter the land, and does not require any damage to be actionable.

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Constructive Eviction

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Constructive Eviction occurs when a landlord's significant interference or failure to perform a duty under the tenant's lease results in premises that are unfit for the intended use.

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Nuisance

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Nuisance is a situation in which the right of an owner to enjoy their property is adversely affected by unreasonable use of a neighboring property, for example, by noise or pollution.

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Real Property

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Real Property refers to immovable property such as land and structures attached to the land. Its ownership rights are of primary concern in property law.

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Eminent Domain

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Eminent Domain is the power of the state or a state agency to take private property for public use with due compensation.

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Quitclaim Deed

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A Quitclaim Deed transfers only that interest in real property which the grantor actually has, without any representation, warranty, or implication that the title is clear.

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Sublease

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A Sublease occurs when a tenant leases out a portion or all of their leased space to another party, creating a new tenant-landlord relationship while the original lease remains in effect.

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Personal Property

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Personal Property encompasses all types of assets other than real estate which can include both tangible objects, like cars, and intangible rights, like stocks and bonds.

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Easement

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An Easement is a non-possessory right to use and/or enter onto the real property of another without possessing it.

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Deed

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A Deed is a legal document that passes, affirms, or confirms an interest, right, or property and is signed, attested, delivered, and in some states sealed.

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Chattel

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Chattel refers to personal property that is movable, such as household goods, vehicles, and jewelry, as opposed to immovable property like land.

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Estate in Land

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An Estate in Land represents the degree, quantity, nature, and extent of an individual's rights in real property.

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Littoral Rights

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Littoral Rights are similar to riparian rights, but they relate to the use and enjoyment of property abutting an ocean, sea, or lake rather than a river or stream.

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Joint Tenancy

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Joint Tenancy is a form of co-ownership where each party owns the property equally with the right of survivorship, meaning when one owner dies, ownership passes to the surviving owner(s).

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Zoning

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Zoning refers to laws that divide cities or counties into different areas according to permitted uses, height, density, and type of buildings.

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Bailment

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A Bailment is the delivery of personal property by one person (bailor) to another (bailee) who holds the property for a certain purpose under an express or implied-in-fact contract.

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Tenancy by the Entirety

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Tenancy by the Entirety is a special form of joint tenancy between spouses that protects the property from creditors of one spouse.

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Fixture

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A Fixture is personal property that becomes real property when attached in a permanent manner to real estate, such as a new heating system or built-in cabinets.

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Rule Against Perpetuities

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The Rule Against Perpetuities is a legal doctrine that prevents the creation of interests in property that last for an indefinite, or excessively long, period of time.

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Marketable Title

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A Marketable Title is a title to real property that is free of any encumbrances or legal questions that might cast doubt on its validity or impair its transfer.

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Servient Estate

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Servient Estate refers to the property on which an easement is placed for the benefit of another property (the Dominant Estate).

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