A restriction on the use of real estate that governs its use, such as a requirement that the property will be used only for residential purposes. Covenants are ... (more...)

A restriction on the use of real estate that governs its use, such as a requirement that the property will be used only for residential purposes. Covenants are found in deeds or in documents that bind everyone who owns land in a particular development. See covenants, conditions and restrictions.

IMPLIED WARRANTY OF HABITABILITY

A legal doctrine that requires landlords to offer and maintain livable premises for their tenants. If a landlord fails to provide habitable housing, tenants in ... (more...)

A legal doctrine that requires landlords to offer and maintain livable premises for their tenants. If a landlord fails to provide habitable housing, tenants in most states may legally withhold rent or take other measures, including hiring someone to fix the problem or moving out. See constructive eviction.

INURE

To take effect, or to benefit someone. In property law, the term means 'to vest.' For example, Jim buys a beach house that includes the right to travel across t... (more...)

To take effect, or to benefit someone. In property law, the term means 'to vest.' For example, Jim buys a beach house that includes the right to travel across the neighbor's property to get to the water. That right of way is said, cryptically, 'to inure to the benefit of Jim.'

FAILURE OF CONSIDERATION

The refusal or inability of a contracting party to perform its side of a bargain.

HOMESTEAD DECLARATION

A form filed with the county recorder's office to put on record your right to a homestead exemption. In most states, the homestead exemption is automatic--that ... (more...)

A form filed with the county recorder's office to put on record your right to a homestead exemption. In most states, the homestead exemption is automatic--that is, you are not required to record a homestead declaration in order to claim the homestead exemption. A few states do require such a recording, however.

APPRECIATION

An increase in value. Appreciated property is property that has gone up in value since it was acquired.

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.

FORECLOSURE

The forced sale of real estate to pay off a loan on which the owner of the property has defaulted.

DEVISE

An old legal term that is generally used to refer to real estate left to someone under the terms of a will, or to the act of leaving such real estate. In some s... (more...)

An old legal term that is generally used to refer to real estate left to someone under the terms of a will, or to the act of leaving such real estate. In some states, 'devise' now applies to any kind of property left by will, making it identical to the term bequest. Compare legacy.

SAMPLE LEGAL CASES

MOUNTAIN COMMUNITIES v. PUB. SERV. COM'N

MOUNTAIN COMMUNITIES FOR RESPONSIBLE ENERGY, Intervenor Below, Appellant v. PUBLIC SERVICE COMMISSION OF WEST VIRGINIA and Beech Ridge Energy, LLC; West Virginia State Building and Construction Trades Council, AFL-CIO, Defendants Below ...

Mylan Laboratories v. AMERICAN MOTORISTS

... Also, the circuit court's order is based on its construction of the language in certain insurance policies. ... Co., 159 W.Va. 508, 223 SE2d 441 (1976). However, "[t]he mere fact that parties do not agree to the construction of a contract does not render it ambiguous. ...

BUILDERS'SERVICE AND SUPPLY CO. v. Dempsey

... SERVICE AND SUPPLY COMPANY, Plaintiff Below, Appellee, v. Christal M. DEMPSEY, a/k/a Christal M. Smith, and Clark Sinclair, Sheriff of Taylor County, West Virginia, Defendants and Third-Party Plaintiffs Below, v. Edward Charlton, d/b/a Charlton Construction, Third-Party ...

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LEGAL TERMS

COVENANT

IMPLIED WARRANTY OF HABITABILITY

INURE

FAILURE OF CONSIDERATION

HOMESTEAD DECLARATION

APPRECIATION

PRIVATE MORTGAGE INSURANCE (PMI)

FORECLOSURE

DEVISE

SAMPLE LEGAL CASES

MOUNTAIN COMMUNITIES v. PUB. SERV. COM'N

Mylan Laboratories v. AMERICAN MOTORISTS

BUILDERS'SERVICE AND SUPPLY CO. v. Dempsey

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