Center Point Construction Lawyer, Iowa
Includes: Construction Contracts, Construction Liens, Housing & Construction Defects
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LEGAL TERMS
FORECLOSURE
The forced sale of real estate to pay off a loan on which the owner of the property has defaulted.
CONSIDERATION
The basis of a contract. Consideration is a benefit or right for which the parties to a contract must bargain; the contract is founded on an exchange of one for... (more...)
The basis of a contract. Consideration is a benefit or right for which the parties to a contract must bargain; the contract is founded on an exchange of one form of consideration for another. Consideration may be a promise to perform a certain act -- for example, a promise to fix a leaky roof -- or a promise not to do something, such as build a second story on a house that will block the neighbor's view. Whatever its particulars, consideration must be something of value to the people who are making the contract.
EVICTION
Removal of a tenant from rental property by a law enforcement officer. First, the landlord must file and win an eviction lawsuit, also known as an 'unlawful det... (more...)
Removal of a tenant from rental property by a law enforcement officer. First, the landlord must file and win an eviction lawsuit, also known as an 'unlawful detainer.'
PROPERTY
See personal property, real estate, community property, separate property.
DEMURRER
A request made to a court, asking it to dismiss a lawsuit on the grounds that no legal claim is asserted. For example, you might file a demurrer if your neighbo... (more...)
A request made to a court, asking it to dismiss a lawsuit on the grounds that no legal claim is asserted. For example, you might file a demurrer if your neighbor sued you for parking on the street in front of her house. Your parking habits may annoy your neighbor, but the curb is public property and parking there doesn't cause any harm recognized by the law. After a demurrer is filed, the judge holds a hearing at which both sides can make their arguments about the matter. The judge may dismiss all or part of the lawsuit, or may allow the party who filed the lawsuit to amend its complaint. In some states and in federal court, the term demurrer has been replaced by 'motion to dismiss for failure to state a claim' (called a '12(b)(6) motion' in federal court) or similar term.
TENANCY IN COMMON
A way two or more people can own property together. Each can leave his or her interest upon death to beneficiaries of his choosing instead of to the other owner... (more...)
A way two or more people can own property together. Each can leave his or her interest upon death to beneficiaries of his choosing instead of to the other owners, as is required with joint tenancy. In some states, two people are presumed to own property as tenants in common unless they've agreed otherwise in writing.
QUANTUM MERUIT
The reasonable value of services provided, which a winning party may be able to recover from an opponent who broke a contract.
WORDS OF PROCREATION
Language used to leave property to a person and his or her descendants, which typically take the form 'to A, and the heirs of his body,' where A is the person r... (more...)
Language used to leave property to a person and his or her descendants, which typically take the form 'to A, and the heirs of his body,' where A is the person receiving the property.
RESTRAINT ON ALIENATION
A provision in a deed or will that attempts to restrict ownership of the property -- for example, selling your house to your daughter with the provision that it... (more...)
A provision in a deed or will that attempts to restrict ownership of the property -- for example, selling your house to your daughter with the provision that it never be sold to anyone outside the family. These provisions are generally unenforceable.
SAMPLE LEGAL CASES
Estate of Ryan v. HERITAGE TRAILS
... Trinity was the only party to file a notice of appeal. II. Issues. Trinity raises numerous
issues on appeal; however, our construction of the exception in section 614.1(2A)
(a) and its interplay with section 668.5(1), disposes of this appeal. ...
Thomas v. Progressive Cas. Ins. Co.
... The disagreement centers on the proper construction and interpretation of the insurance policy.
The construction of an insurance policy is the process of determining the policy's legal effect;
interpretation is the process of determining the meaning of the words used in the policy. ...
Speight v. Walters Development Co., Ltd.
... LARSON, Justice. The plaintiffs, Robert and Beverly Speight, appeal from a summary judgment
entered against them in their suit for breach of implied warranty of workmanlike construction
against the builder of their home. The court of appeals affirmed. ...
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