property & real estate law

administrative forfeiture

Administrative forfeiture is an in rem (against the property) action that allows the property to be forfeited to the United States without filing a case in federal court. The administrative forfeiture process occurs before the agency seizes...

adverse

Adverse means to be against or opposed to one’s own interests. Adverse is used in several legal contexts. For example:

An adverse party is the party with contrary interests to one’s own. In property law, adverse possession refers to...

adverse interest

There are three main types of adverse interests.

An adverse interest can mean an interest, claim or right that is against another’s interest. For example, a plaintiff and defendant have adverse interests. A witness with...

adverse possession

Adverse possession is a doctrine under which a person in possession of land owned by someone else may acquire valid title to it, so long as certain requirements are met, and the adverse possessor is in possession for a sufficient period of...

affirmative waste

Affirmative waste, also referred to as voluntary waste, refers to overt and willful acts of destruction performed by a tenant or life tenant that lead to the drop in value of a piece of property by harming the property or depleting natural...

after-acquired property

Also called “future-acquired property”.

Personal or real property that a borrower acquires after having taken on a debt secured by all of their property, which becomes additional collateral for the debt. Based on UCC § 9-204, such...

after-acquired title

Title held by someone who bought property from a seller before the seller received title to the property and who automatically obtained title upon the seller’s receipt of title.

An example involving acquiring after-acquired...

alienable

Alienable means transferable.

An interest in property is alienable if it may be conveyed by one party to another. In general, all private property is alienable unless some contractual, common law, or statutory restriction...

alienation

Alienation refers to the process of a property owner voluntarily giving or selling the title of their property to another party. When property is considered alienable, that means the property is able to be sold or transferred to another party...

alluviation

Alluviation is the gradual shifting of land boundaries caused by the depositing of gravel and sediment by a moving body of water. Alluvion is the actual sediment deposited on the land (e.g. a bank or shore). Under common law, land altered by...

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