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Flashcards in Principles 5 Deck (18)
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1

Abstract of judgement

Document stipulating the outcome of a legal action, which can be filed in any county where the judgement debtor has property

2

Attachment

The process by which real or personal property of a party to a lawsuit is seized and retained in the custody of the court

3

Bankruptcy

-A federal court proceeding in which the court takes possession of the assets of an insolvent debtor and sells the nonexempt assets to pay off creditors on a pro rata basis
-title to the debtor’s assets is held by a trustee in bankruptcy

4

CC&Rs

-Covenants, conditions, and restrictions
-limitations on land use imposed by deed, usually when land is subdivided, as a means of regulating building construction, density, and use for the benefit of other property owners
-May be referred to simply as restrictions

5

Cloud on the title

Any claim, condition, or encumbrance that impairs title to real property

6

Condition

-A qualification of an estate granted that can be imposed only in a conveyance
-it can be a condition precedent or a condition subsequent

7

Covenant

An agreement or a promise to do or not to do a particular act, usually imposed by deed

8

Deed restriction

Provision placed in a deed by the grantor that limits the property’s use or requires the grantee to fulfill requirements of subdivision covenants, conditions, and restrictions (CC&Rs)

9

Defendant

A person against whom legal action is initiated for the purpose of obtaining criminal sanctions (in a case involving violation of a penal statute)or damages or other appropriate judicial relief (in civil case)

10

Dominant tenement

Same as easement

11

Easement

The right to a specific use of or the right to travel over the land of another

12

Easement appurtenant

An easement right that is transferred along with title to the land that benefits from the easement.

13

Easement by condemnation

Taking of an easement right by a public entity

14

Easement by implication of law

An easement that will be created by law to provide access to a parcel of land that is otherwise landlocked

15

Easement by necessity

An easement right over the land of the grantor of adjacent property that would otherwise be landlocked

16

Easement by prescription

Acquiring a specific use of or the right to travel over the land of another by statutory requirements similar to those for adverse possession

17

Easement in gross

An easement right with no accompanying property ownership right

18

Encroachment

The unlawful intrusion of a property improvement onto adjacent property