A due-on-sale clause is a requirement in a mortgage or other loan agreement that the loan be paid in full if the house or asset is resold. These provisions can be triggered either by an entire sale or partial sale of the debtee’s interest in...
property & real estate law
duty to repair
A duty to repair, generally, refers to the duty of a life tenant to maintain the property in a reasonable state of repair. There is an exception for ordinary wear and tear. If the individual personally occupies the land, this duty is limited...
earnest payment
An earnest payment is money set-aside into an escrow account after a home buyer and seller sign a sale contract. Setting aside money ensures the seller that the buyer is serious about the purchase. The contract is an agreement that the buyer...
easement
An easement is the grant of a nonpossessory property interest that provides the easement holder permission to use another person's land. There are different kinds of easements. If an easement appurtenant is granted, it involves two pieces of...
easement by prescription
Easement by prescription (also called a prescriptive easement) is a type of adverse possession where someone acquires an easement (a right to use another person’s property in some way). Easement by prescription occurs where someone uses...
egress
Egress is both a verb and a noun. Egress is a way of exit; the right or ability to exit from a property. When describing easements, egress is usually paired with "ingress"—the right or privilege to enter a property—and sometimes with the more...
ejectment
Ejectment is a common law cause of action by a plaintiff who does not actually possess a piece of real property but has the right to possess it, against a defendant who is in actual possession of the property. For instance, an action of...
emblements
Emblements are the annual crops (e.g. corn, wheat, rye, potatoes, garden vegetables) produced by labor as opposed to crops that occur naturally. Crops that are not considered emblements include trees, grass, and naturally growing fruit....
emergency
An emergency is an urgent, sudden, and serious event or an unforeseen change in circumstances that necessitates immediate action to remedy harm or avert imminent danger to life, health, or property; an exigency.
[Last...
eminent domain
Overview
Eminent domain refers to the power of the government to take private property and convert it into public use, referred to as a taking. The Fifth Amendment provides that the government may only exercise this power if they provide...