Estoppel by deed is a doctrine that precludes individuals from arguing in court a position counter to what that person stated in a previous deed. The doctrine arises most frequently where someone deeded property they did not own, and later,...
land use & zoning law
estoppel by silence
Estoppel by silence prevents someone from asserting a claim, defense, or position in court when the assertion is the result of that person not sharing relevant information. A person triggers estoppel by silence when they should have shared...
exception in deed
Exception in deed is a reservation of a property interest in the deed for the transferor. The transferor is explicitly keeping some part of the property being given to the transferee such as an easement or a life estate. For example, a...
expropriation
Expropriation is the governmental seizure of property or a change to existing private property rights, usually for public benefit. The Fifth Amendment of the United States Constitution prohibits governmental taking of property without “just...
Federal Land Policy and Management Act
The Federal Land Policy and Management Act (FLPMA) codified and expanded the powers of the Bureau of Land Management (BLM) with the goal of maximizing “multiple use” and “sustained yield” of public lands and resources. Prior to the Act, the...
first in time
The first in time rule, also known as the rule of capture, is a property law theory that means the first appropriator, or user, of a property is the owner and thus any subsequent owner is subject to the original owner. The full name of this...
flipping
Flipping is a slang term for a popular real estate investment strategy where someone buys a property at a low price and quickly resells it at a higher price. Typically, the person will make improvements to the property before attempting to...
floating easement
Floating easement is an express easement where the location of the easement is not specified yet. For different reasons, like uncertainty of where to place a water line, an owner may grant an easement without knowing the specifics of where...
freehold estate
Estates with a freehold are those that last for eternity.
There are some freehold estate types where the estate lasts past the life of the owner and passes to their living heirs upon death in accordance with the terms of the...
general plan
General plan (also referred to as a comprehensive or master plan) is a broad, long-term plan made by cities and other governments to organize development and community initiatives. General plans have been used by cities in the United States...