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Quitclaim
Generally, a quitclaim is a formal renunciation of a legal claim against some other person, or of a right to land. A person who quitclaims renounces or relinquishes a claim to some legal right, or transfers a legal interest in land. Originally a common-law concept dating back to Medieval England, the expression is in modern times mostly restricted to North American law, where it often refers specifically to a transfer of ownership or some other interest in real property. Commonly, quitclaims are used in situations where a ''grantor'' transfers any interest they have in property to a recipient (the ''grantee'') but without offering any guarantee as to the extent of that interest. There may even be no guarantee that the grantor owns the property or has any legal interest in it whatsoever. Specific situations where a precise definition of the grantor's interest (if any) may be unnecessary include property transferred as a gift, to a family member, or into a business entity. Another ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Treaty Of Falaise
The Treaty of Falaise was a forced written agreement made in December 1174 between the captive William I, King of Scots, and Henry II, King of England. During the Revolt of 1173-1174, William joined the rebels and was captured at the Battle of Alnwick during an invasion of Northumbria. He was transported to Falaise in Normandy while Henry prosecuted the war against his sons and their allies. Left with little choice, William agreed to the Treaty and therefore England's dominion over Scotland. For the first time, the relationship between the king of Scots and the king of England was to be set down in writing. The Treaty's provisions affected the Scottish king, nobles, and clergy; their heirs; judicial proceedings, and transferred the castles of Roxburgh, Berwick, Jedburgh, Edinburgh, and Stirling over to English soldiers; in short, where previously the king of Scots was supreme, now England was the ultimate authority in Scotland. During the next 15 years, William was forced to ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Bargain And Sale Deed
In United States real property law, a bargain and sale deed is a deed " conveying real property without covenants". This is a deed "for which the grantor implies to have or have had an interest in the property but offers no warranties of title to the grantee." Because it lacks any warranty, it is the least attractive kind of deed. Under common law, this type of deed technically created a use in the buyer who then gets the title. Under the statute of uses, modern real property law disregards this subtle distinction. A bargain and sale deed is especially used by local governments, fiduciaries such as executors, and in foreclosure sales by sheriffs and referees. The fact that it comes without any warranties from the government means that the new owner may not have a good title. If in fact, the city did not have a good title or the city could not convey a good title, then the new landowner is unlikely to be successful in obtaining a refund of the purchase price. Some states req ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Common-law
Common law (also known as judicial precedent, judge-made law, or case law) is the body of law primarily developed through judicial decisions rather than statutes. Although common law may incorporate certain statutes, it is largely based on precedent—judicial rulings made in previous similar cases. The presiding judge determines which precedents to apply in deciding each new case. Common law is deeply rooted in ''stare decisis'' ("to stand by things decided"), where courts follow precedents established by previous decisions. When a similar case has been resolved, courts typically align their reasoning with the precedent set in that decision. However, in a " case of first impression" with no precedent or clear legislative guidance, judges are empowered to resolve the issue and establish new precedent. The common law, so named because it was common to all the king's courts across England, originated in the practices of the courts of the English kings in the centuries following ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Warranty
In law, a warranty is an expressed or implied promise or assurance of some kind. The term's meaning varies across legal subjects. In property law, it refers to a covenant by the grantor of a deed. In insurance law, it refers to a promise by the purchaser of an insurance about the thing or person to be insured. In contract law, a warranty is a contractual assurance given, typically, by a seller to a buyer, for example confirming that the seller is the owner of the property being sold. A warranty is a term of a contract, but not usually a condition of the contract or an innominate term, meaning that it is a term "not going to the root of the contract",Hogg M. (2011). ''Promises and Contract Law: Comparative Perspectives''p. 48 Cambridge University Press. and therefore only entitles the innocent party to damages if it is breached, i.e. if the warranty is not true or the defaulting party does not perform the contract in accordance with the terms of the warranty. A warranty is not ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Real Estate Terminology
Real may refer to: Currencies * Argentine real * Brazilian real (R$) * Central American Republic real * Mexican real * Portuguese real * Spanish real * Spanish colonial real Nature and science * Reality, the state of things as they exist, rather than as they may appear or may be thought to be * Real numbers, the set of rational and irrational numbers (and opposed to imaginary numbers) * The Real, an aspect of human psychic structure Sports Africa * Real Republicans FC (Accra), Ghana * Real Republicans F.C. (Sierra Leone) Central and South America * Club Real Potosí, Bolivia * Municipal Real Mamoré, Bolivia * Associação Esportiva Real, Brazil * Real Noroeste Capixaba Futebol Clube, Brazil * C.D. Real Sociedad, Honduras * Real C.D. España, Honduras *Real Maya, Honduras * Real Club España, Mexico * Real Saltillo Soccer, Mexico * Real Sociedad de Zacatecas, Mexico *Real Estelí Baloncesto, Nicaragua * Real Estelí F.C., Nicaragua *Real Madriz, Nicaragua *Real Garcilaso, P ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Real Property Law
Property law is the area of law that governs the various forms of ownership in real property (land) and personal property. Property refers to legally protected claims to resources, such as land and personal property, including intellectual property. Property can be exchanged through contract law, and if property is violated, one could sue under tort law to protect it. The concept, idea or philosophy of property underlies all property law. In some jurisdictions, historically all property was owned by the monarch and it devolved through feudal land tenure or other feudal systems of loyalty and fealty. Theory The word ''property'', in everyday usage, refers to an object (or objects) owned by a person—a car, a book, or a cellphone—and the relationship the person has to it. In law, the concept acquires a more nuanced rendering. Factors to consider include the nature of the object, the relationship between the person and the object, the relationship between a number of people in r ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Warranty Deed
A warranty deed is a type of deed where the grantor (seller) guarantees that they hold clear title to a piece of real estate and has a right to sell it to the grantee (buyer), in contrast to a quitclaim deed, where the seller does not guarantee that they hold title to a piece of real estate. A ''general'' warranty deed protects the grantee against title defects arising at any point in time, extending back to the property's origins. A ''special'' warranty deed protects the grantee only against title defects arising from the actions or omissions of the grantor. Covenants for title A warranty deed can include six traditional forms of covenants for title, sometimes known as the English covenants of title. Those six traditional forms of covenants can be broken down into two categories: ''present covenants'' and ''future covenants''. ;Present covenants * Covenant of seisin: "A covenant of seisin or good right to convey." * Covenant of right to convey: Covenants that represent ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Estoppel By Deed
Estoppel is a common law doctrine which, when it applies, prevents a litigant from denying the truth of what was said or done. The doctrine of estoppel by deed (also known as after-acquired title) is a particular estoppel doctrine in the context of real property transfers. Under the doctrine, the grantor of a deed (generally the seller of a piece of real property) is estopped (barred) from denying the truth of the deed. The doctrine may only be invoked in a suit arising out of the deed, or involving a particular right arising out of the deed. While rooted in warranty deeds, estoppel by deed has been extended to affect quitclaim deeds if the deed represents that the grantor actually had title. Examples 1. If O conveys property she doesn't own to A by warranty deed, but O later acquires title to that land, then title immediately passes to A. 2. However, if, as above, O conveys property she doesn't own to A by warranty deed, but O later acquires title to that land, A ''may'' el ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Affiant
An ( ; Medieval Latin for "he has declared under oath") is a written statement voluntarily made by an ''affiant'' or '' deponent'' under an oath or affirmation which is administered by a person who is authorized to do so by law. Such a statement is witnessed as to the authenticity of the affiant's signature by a taker of oaths, such as a notary public or commissioner of oaths. An affidavit is a type of verified statement or showing, or containing a verification, meaning it is made under oath on penalty of perjury. It serves as evidence for its veracity and is required in court proceedings. Definition An affidavit is typically defined as a written declaration or statement that is sworn or affirmed before a person who has authority to administer an oath. There is no general defined form for an affidavit, although for some proceedings an affidavit must satisfy legal or statutory requirements in order to be considered. An affidavit may include, * a ''commencement'' which identifi ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Jurat (clause)
A jurat (short for Latin ', "it has been sworn", 3rd singular perfect passive of ', "to swear") is a clause at the foot of an affidavit showing when, where, and before whom the actual oath was sworn or affirmation was made. English and American law In English and American law, a jurat is that part of an affidavit which contains the names of the parties swearing the affidavit, the actual statement that an oath or affirmation has been made, the person before whom it was sworn, the date, place and other necessary particulars. The jurat is usually located on the bottom of a document. A typical form would be ''Sworn to before me this Day of Month, 20__,'' with the signature of the witness, often a notary public A notary public ( notary or public notary; notaries public) of the common law is a public officer constituted by law to serve the public in non-contentious matters usually concerned with general financial transactions, estates, deeds, powers- ..., the venue, and sometimes ot ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Massachusetts
Massachusetts ( ; ), officially the Commonwealth of Massachusetts, is a U.S. state, state in the New England region of the Northeastern United States. It borders the Atlantic Ocean and the Gulf of Maine to its east, Connecticut and Rhode Island to its south, New Hampshire and Vermont to its north, and New York (state), New York to its west. Massachusetts is the List of U.S. states and territories by area, sixth-smallest state by land area. With a 2024 U.S. Census Bureau-estimated population of 7,136,171, its highest estimated count ever, Massachusetts is the most populous state in New England, the List of U.S. states and territories by population, 16th-most-populous in the United States, and the List of states and territories of the United States by population density, third-most densely populated U.S. state, after New Jersey and Rhode Island. Massachusetts was a site of early British colonization of the Americas, English colonization. The Plymouth Colony was founded in 16 ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Encumbrance
An encumbrance is a third party's right to, interest in, or legal liability on property that does not prohibit the property's owner from transferring title (but may diminish its value). Encumbrances can be classified in several ways. They may be financial (for example, liens) or non-financial (for example, easements, private restrictions). Alternatively, they may be divided into those that affect title (for example, lien, legal or equitable charge) or those that affect the use or physical condition of the encumbered property (for example, restrictions, easements, encroachments).Fillmore E. Galay et al., '' Modern Real Estate Practice in Illinois'', 4th edn. (Chicago: Dearborn Real Estate Education, 2001), 107. Encumbrances include security interests, liens, servitudes (for example, easements, wayleaves, real covenants, profits a prendre), leases, restrictions, encroachments, and air and subsurface rights. Jurisdictions Hong Kong In Hong Kong, there is a statutory definition ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
