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Attachment is a legal process by which a court of law, at the request of a creditor, designates specific property owned by the debtor to be transferred to the creditor, or sold for the benefit of the creditor. [1] A wide variety of legal mechanisms are employed by debtors to prevent the attachment of their assets.
In many countries, the Torrens title system of real estate ownership is managed and guaranteed by the government and replaces cumbersome tracing of ownership. [ citation needed ] The Torrens title system operates on the principle of "title by registration" (i.e. the indefeasibility of a registered interest) rather than "registration of title".
By deduction, therefore, a trade fixture is not a fixture at all. Its name is misleading, since a fixture, by definition, is real property that must remain with the real estate when a seller sells it or a tenant leaves her lease. A trade "fixture" is not real property, but personal property of the tenant. The landlord does have some protection.
Assessed value: The value of real estate property as determined by an assessor, typically from the county. "As-is": A contract or listing clause stating that the seller will not repair or correct ...
Binder – In law, a binder (also known as an agreement for sale, earnest money contract, memorandum of sale, or contract to sell) is a short-form preliminary contract in which the purchaser agrees to buy and the seller agrees to sell certain real estate under stated terms and conditions, usually in the form of a purchase offer, and is ...
The basic distinction in common law systems is between real property (land) and personal property (chattels). Before the mid-19th century, the principles governing the transfer of real property and personal property on an intestacy were quite different. Though this dichotomy does not have the same significance anymore, the distinction is still ...
Under the common law, real estate can be jointly owned at a given time. [16] In most states, in a tenancy in common, co-tenants each have a theoretical right to possess the whole property. [16] Co-tenants must also share rents received from third-parties, as well as upkeep expenses and taxes. [16]
"Every man has a property in his person. This nobody has a right to, but himself." (John Locke, "Second Treatise on Civil Government", 1689) "The reason why men enter into society is the preservation of their property." (John Locke, "Second Treatise on Civil Government", 1689) "Life, liberty, and property do not exist because men have made laws.