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.

UNIFORM TRANSFERS TO MINORS ACT

A statute, adopted by almost all states, that provides a method for transferring property to minors and arranging for an adult to manage it until the child is o... (more...)

A statute, adopted by almost all states, that provides a method for transferring property to minors and arranging for an adult to manage it until the child is old enough to receive it. See custodian.

LIFE TENANT

One who has a life estate in real property.

DOWN PAYMENT

A lump sum cash payment paid by a buyer when he or she purchases a major piece of property, such as a car or house. The buyer typically takes out a loan for the... (more...)

A lump sum cash payment paid by a buyer when he or she purchases a major piece of property, such as a car or house. The buyer typically takes out a loan for the balance remaining, and pays it off in monthly installments over time.

INVITEE

A business guest, or someone who enters property held open to members of the public, such as a visitor to a museum. Property owners must protect invitees from d... (more...)

A business guest, or someone who enters property held open to members of the public, such as a visitor to a museum. Property owners must protect invitees from dangers on the property. In an example of the perversion of legalese, social guests that you invite into your home are called 'licensees.'

APPRAISER

A person who is hired to determine the current value of real estate or other property.

RUNNING WITH THE LAND

A phrase used in property law to describe a right or duty that remains with a piece of property no matter who owns it. For example, the duty to allow a public b... (more...)

A phrase used in property law to describe a right or duty that remains with a piece of property no matter who owns it. For example, the duty to allow a public beach access path across waterfront property would most likely pass from one owner of the property to the next.

TANGIBLE PERSONAL PROPERTY

Personal property that can be felt or touched. Examples include furniture, cars, jewelry and artwork. However, cash and checking accounts are not tangible perso... (more...)

Personal property that can be felt or touched. Examples include furniture, cars, jewelry and artwork. However, cash and checking accounts are not tangible personal property. The law is unsettled as to whether computer data is tangible personal property. Compare intangible property.

SERVIENT TENEMENT

Property that is subject to use by another for a specific purpose. For example, a beachfront house that has a public walkway to the beach on its premises would ... (more...)

Property that is subject to use by another for a specific purpose. For example, a beachfront house that has a public walkway to the beach on its premises would be a servient tenement.

SAMPLE LEGAL CASES

Rios v. Carrillo

... In 2000 the plaintiff landlord leased a residential apartment to the defendant tenant for a term of two years. ... Not long thereafter, some courts extended this 113 reasoning to the issue of landlord's [sic] duty to mitigate, concluding that a landlord should indeed have such a duty ... ...

MATTER OF YITZHAK" JAMES" PASTREICH v. NEW YORK STATE DIVISION OF HOUSING AND COMMUNITY RENEWAL

... The August 1991 rent stabilized lease entered into by tenant and landlord recited a monthly rent of $5,747.52, but included a rider, denominated "Rider to Preferential Lease Agreement," providing for a "preferential rent" of $3,000 on condition that tenant accept the apartment in ...

MATTER OF 508 REALTY ASSOCIATES, LLC v. New York State Division of Housing and Community Renewal

... The Rent Stabilization Law (Administrative Code of City of NY Â§ 26-501 et seq.) provides that if the New York State Division of Housing and Community Renewal (hereinafter the DHCR) finds that a landlord, after a reasonable opportunity to be heard, has collected an ...

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LEGAL TERMS

EASEMENT BY PRESCRIPTION

UNIFORM TRANSFERS TO MINORS ACT

LIFE TENANT

DOWN PAYMENT

INVITEE

APPRAISER

RUNNING WITH THE LAND

TANGIBLE PERSONAL PROPERTY

SERVIENT TENEMENT

SAMPLE LEGAL CASES

Rios v. Carrillo

MATTER OF YITZHAK" JAMES" PASTREICH v. NEW YORK STATE DIVISION OF HOUSING AND COMMUNITY RENEWAL

MATTER OF 508 REALTY ASSOCIATES, LLC v. New York State Division of Housing and Community Renewal

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