This section explains the legal vocabulary readers encounter when dealing with ownership, transfer, possession, land use, rental relationships, and disputes over real property.
Planned cornerstone topics include deed, title, easement, lien, landlord, tenant, eviction, zoning, covenant, and adverse possession.
- Adverse Possession in Property Law
Adverse possession is the doctrine under which someone who openly possesses land for the required period may gain legal rights in it.
- Chain of Title Showing Property Ownership History
Chain of title is the recorded sequence of ownership transfers and interests affecting a property.
- Constructive Eviction Through Severe Interference
Understand constructive eviction and how serious landlord interference can effectively force a tenant to leave.
- Covenant in Property Law
A covenant is a binding promise tied to land or a real-estate relationship that restricts or requires certain uses or actions.
- Deed in Real Property Law
A deed is the legal instrument used to transfer ownership or another real-property interest from one party to another.
- Deed Restriction Limiting Property Use
A deed restriction is a recorded limitation on how real property may be used, transferred, built on, or maintained.
- Easement Appurtenant Attached to Land Ownership
Understand easement appurtenant as a property right tied to ownership of benefited land.
- Easement in Gross Held by a Person or Entity
Learn how an easement in gross benefits a person or entity rather than a neighboring parcel.
- Easement in Property Law
An easement is a nonpossessory legal right to use another person's land for a limited purpose.
- Encumbrance as a Legal Burden on Property
Understand encumbrances as liens, easements, covenants, or other burdens affecting property rights.
- Eviction in Landlord-Tenant Law
Eviction is the legal process a landlord uses to recover possession of property from a tenant or occupant.
- Eviction Notice and the Start of a Removal Process
Learn what an eviction notice is and why notice requirements matter before a landlord seeks removal of a tenant.
- Exclusive Possession in Property and Leasing
Exclusive possession is the right to occupy or control property to the exclusion of others, subject to the governing legal relationship.
- Fee Simple Ownership in Real Property
Fee simple is a broad form of real-property ownership that can continue indefinitely and be transferred, inherited, or sold.
- Fixture as Personal Property Attached to Real Property
Understand fixtures as items attached to land or buildings that may be treated as real property.
- Holdover Tenant After the Lease Term Ends
Learn what a holdover tenant is and why remaining in possession after the tenancy ends can trigger landlord remedies.
- Joint Tenancy with Shared Property Ownership
Joint tenancy is a form of shared property ownership that may include a right of survivorship depending on the deed and state law.
- Land Use Variance from Zoning Rules
A land use variance is permission to use or develop property in a way that differs from otherwise applicable zoning rules.
- Landlord in Rental Law
A landlord is the owner or lessor who grants a tenant the right to occupy property under a lease or rental agreement.
- Lease as a Landlord-Tenant Agreement
Learn what a lease is, why it matters in landlord-tenant law, and how it differs from a deed or month-to-month tenancy.
- Lease Renewal Extending a Tenancy
A lease renewal extends an existing lease or creates a new lease term after the current term ends.
- Lien on Real Property
A lien is a legal claim against property that secures payment of a debt or obligation.
- Life Estate as Ownership Limited by a Lifetime
A life estate is a property interest that lasts for the lifetime of a specified person and then passes to another interest holder.
- Month-to-Month Tenancy and Flexible Rental Duration
Learn what a month-to-month tenancy is and how it differs from a fixed-term lease in landlord-tenant law.
- Notice of Entry by a Landlord
A notice of entry tells a tenant that the landlord or authorized person intends to enter the rental premises for a stated purpose.
- Notice to Quit Before Possession Proceedings
A notice to quit is a formal notice telling a tenant or occupant to leave the premises or cure an issue by a stated deadline.
- Partition Action for Dividing Co-Owned Property
Understand partition actions as court cases that divide or sell property owned by more than one person.
- Quiet Enjoyment and Interference with Possession
Understand quiet enjoyment and how serious interference with possession can affect landlord-tenant rights.
- Quiet Title Action to Resolve Property Ownership Claims
Learn how a quiet title action asks a court to resolve competing claims or defects affecting title.
- Quitclaim Deed and Transfer Without Title Guarantees
Understand quitclaim deeds as property-transfer documents that convey whatever interest the grantor has.
- Recording Act Rules for Property Records and Priority
Learn how recording acts use public land records to resolve competing property claims.
- Rent Escrow in Landlord-Tenant Disputes
Rent escrow is an arrangement where rent is paid into a court or approved account while a landlord-tenant dispute is pending.
- Right of First Refusal in Property Transactions
A right of first refusal gives a holder the chance to match or accept terms before property is sold or transferred to someone else.
- Right of Way Across Property
A right of way is a legal right to pass over or use another person's land for a specific access purpose.
- Security Deposit in Residential and Commercial Leasing
Understand what a security deposit is and why deposit disputes are common in landlord-tenant law.
- Sublease and Secondary Tenant Occupancy
Understand what a sublease is and how it differs from the original lease relationship between landlord and tenant.
- Tenancy by the Entirety for Married Co-Owners
Tenancy by the entirety is a form of property ownership for married spouses in some states, often including survivorship and special creditor rules.
- Tenancy in Common as Shared Property Ownership
Learn how tenancy in common lets co-owners hold separate shares of the same property.
- Tenant in Rental Law
A tenant is the person or entity with the legal right to occupy property under a lease or rental arrangement.
- Title to Real Property
Title refers to the legal ownership interest in real property and the rights that come with it.
- Unlawful Detainer in Landlord-Tenant Litigation
Understand unlawful detainer and how it fits into eviction litigation when a tenant remains in possession without legal right.
- Warranty Deed and Promises About Property Title
Learn how warranty deeds transfer property with title promises that differ from quitclaim deeds.
- Warranty of Habitability in Residential Leasing
Learn what the warranty of habitability means and why landlords may have a duty to provide livable residential premises.
- Zoning in Land Use Law
Zoning is the legal system that regulates how land in specific areas may be used or developed.