property law

small estate

Small estate is a classification of estates with limited value that can go through shorter probate or avoid probate completely. Probate can be a long and very expensive process for all parties involved. States created small estate...

sound recording

Under the Copyright Act, a sound recording is defined as a work consisting of a series of musical, spoken, or other sounds, fixed in a tangible medium (e.g. a disk, tape, or phonorecord). However, the sounds accompanying a motion picture or...

special power of appointment

A special power of appointment is a legal authority granted to a person (the donee) under a trust or will, allowing them to designate who will receive certain property or assets, subject to specific limitations. The objects of the power in a...

specific bequest

Specific bequest refers to any specific property given to individuals in a will. The key to this phrase is that the property is unmistakable and the intended recipient is also without question. For example, John bequeathed his house at 123...

specific devise

A specific devise is a specific piece of property given to a specific person in a will. If the specified property is not part of the estate at the time of the testator’s death, the specific devise may fail, which is a concept known as...

specific performance

Specific performance is a contractual remedy in which a court orders a party to fulfill their obligations as closely as possible to what was promised in the contract, rather than simply paying damages for failing to do so. This remedy is...

spendthrift clause

A spendthrift clause refers to a clause creating a spendthrift trust which limits the ability of assets to be reached by the beneficiary or their creditors. A spendthrift trust usually requires the trustee to only give a certain amount of...

spendthrift trust

A spendthrift trust is a type of trust designed to restrict the beneficiary’s ability to access or control the trust’s principal or income. The beneficiary is unable to sell or give away their equitable interest in the trust property, and the...

spite fence

A spite fence is a fence (whether a division fence or otherwise) built maliciously, with the sole purpose or intent of annoying, injuring, or spiting an adjoining owner (commonly a neighbor). For example, a spite fence might block the...

spot zoning

Spot zoning refers to when a piece of property or groups of property have special zoning laws applied to them that differ from the zoning laws surrounding them. The practice of spot zoning can be very controversial and may be illegal. Some...

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