An exception to a zoning ordinance, usually granted by a local government. For example, if you own an oddly shaped lot that could not accommodate a home in acco... (more...)

An exception to a zoning ordinance, usually granted by a local government. For example, if you own an oddly shaped lot that could not accommodate a home in accordance with your city's setback requirement, you could apply at the appropriate office for a variance allowing you to build closer to a boundary line.

ASSIGNMENT

A transfer of property rights from one person to another, called the assignee.

EASEMENT BY PRESCRIPTION

A right to use property, acquired by a long tradition of open and obvious use. For example, if hikers have been using a trail through your backyard for ten year... (more...)

A right to use property, acquired by a long tradition of open and obvious use. For example, if hikers have been using a trail through your backyard for ten years and you've never complained, they probably have an easement by prescription through your yard to the trail.

PRIVATE MORTGAGE INSURANCE (PMI)

Insurance that reimburses a mortgage lender if the buyer defaults on the loan and the foreclosure sale price is less than the amount owed the lender (the mortga... (more...)

Insurance that reimburses a mortgage lender if the buyer defaults on the loan and the foreclosure sale price is less than the amount owed the lender (the mortgage plus the costs of the sale). A home buyer who makes less than a 20% down payment may have to purchase PMI.

DONATION

A gift of property. The IRS allows you to take an income tax deduction for the value of donations made to charitable organizations who are recognized as such by... (more...)

A gift of property. The IRS allows you to take an income tax deduction for the value of donations made to charitable organizations who are recognized as such by the IRS.

HOUSE CLOSING

The final transfer of the ownership of a house from the seller to the buyer, which occurs after both have met all the terms of their contract and the deed has b... (more...)

The final transfer of the ownership of a house from the seller to the buyer, which occurs after both have met all the terms of their contract and the deed has been recorded.

ENCROACHMENT

The building of a structure entirely or partly on a neighbor's property. Encroachment may occur due to faulty surveying or sheer obstreperousness on the part of... (more...)

The building of a structure entirely or partly on a neighbor's property. Encroachment may occur due to faulty surveying or sheer obstreperousness on the part of the builder. Solutions range from paying the rightful property owner for the use of the property to the court-ordered removal of the structure.

SAMPLE LEGAL CASES

COLUMBUS MARKET v. Zoning Bd. of Galveston

Property owners appeal the district court's order affirming the decision of a municipal zoning board to uphold a decision by a city administrative agency to deny the property owners' application for a city permit to demolish property in a historical area of the city. The property owners ...

Barr v. City of Sinton

... In response, the city passed a zoning ordinance that not only precluded the use of the homes for that purpose but effectively banned the ministry from the city. ... When Barr began his ministry, the City imposed no zoning or other restrictions on his use of the homes. ...

City of Sherman v. Wayne

... In this regulatory takings case, we determine whether James Wayne's claims are ripe for adjudication and, if so, whether the evidence supports the trial court's judgment that application of the City of 39 Sherman's residential zoning ordinance to Wayne's property deprived him of ...

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LEGAL TERMS

LIFE TENANT

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VARIANCE

ASSIGNMENT

EASEMENT BY PRESCRIPTION

PRIVATE MORTGAGE INSURANCE (PMI)

DONATION

HOUSE CLOSING

ENCROACHMENT

SAMPLE LEGAL CASES

COLUMBUS MARKET v. Zoning Bd. of Galveston

Barr v. City of Sinton

City of Sherman v. Wayne

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