REAL PROPERTY LAW GLOSSARY. Abandonment: is voluntarily relinquishing property ownership. Easements may be terminated by abandonment.

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1 REAL PROPERTY LAW GLOSSARY Attorney Lucy Michaud UConn Center for Real Estate Abandonment: is voluntarily relinquishing property ownership. Easements may be terminated by abandonment. Abstract: A summary of the title to specific real property, usually going back 40 to 60 years. Acceleration Clause: allows the lender to call in the loan and demand that the entire balance of the mortgage be paid in full. Accretion: gradually adding portions of soil to the land, by natural causes. Abnormally dangerous (or ultrahazardous) Activities: include those activities not normally undertaken that are inherently dangerous and cannot be made completely safe. Examples of abnormally dangerous activities are the use of dynamite, fireworks, and hazardous materials. Actual Cause: an element of Negligence, whereby the tortfeasor must be both the actual cause and legal cause of the plaintiff s damages. Adverse Possession: claiming land by hostile, continuous, visible use against the true owner s interest for the statutory period of 15 years in Connecticut. Affidavit: a written, sworn statement given under oath. Agency: the legal relationship whereby the agent represents the principal in transactions with third parties. Appropriation: a type of Invasion of Privacy: (1) intentionally appropriating (or taking), (2) the likeness of another, (3) for profit, (4) without consent, (5) causing damages. The likeness of another means using someone s name, face, or voice without permission. Assault: an intentional tort defined as the apprehension of imminent harm. For an assault to occur, the tortfeasor must intend to cause harm. The victim must be in fear of immediate danger, but the tortfeasor does not physically hurt the victim. Assessment: a charge against real property by the town assessor for purposes of taxation. Assignment: the transfer of all rights, title and interest to another. Attorney in Fact: a person who has power of attorney, authorizing that person to sign documents for another. 1

2 Balloon Payment: a final payment on a note that repays the remaining balance, usually a much larger amount than the previous payments. Battery: occurs when there is intentional and offensive touching without consent, resulting in damages. Typical battery claims include punching, stabbing, and shooting. If the plaintiff consents by stepping into a boxing ring, there is no battery. Beneficiary: a person authorized to receive a benefit, as in a will or trust deed. Bequeath: to transfer personal property by will. Bilateral Contract: involves a promise by both parties, as in a purchase and sale agreement. Bill of Sale: a written document that transfers title to personal property. Boundary: a natural or artificial separation that marks the borders of real property. Breach of duty: occurs when the tortfeasor fails to act reasonably. Broker: a person licensed by the State of Connecticut to negotiate real estate transactions for another. Bundle of Rights: a landowner s right to possess, use, enjoy, mortgage, sell, and will real property. Bylaws: guidelines by which a corporation must operate. Capitalization Rate: the rate of interest considered a reasonable return on a real estate investment. Certificate of Title: a written opinion by an attorney or title company certifying the condition of the title. Civil Litigation: is based on tort law. Commingling: mixing personal funds with client funds in a Compensatory damages: are awarded to the plaintiff for out-of-pocket expenses. The court will award the plaintiff an amount to compensate for any loss or damage. Compensatory damages can include bodily injury (pain and suffering), property damage, medical expenses, and lost wages. The total award will give plaintiffs a dollar amount as compensation for the damages caused by the defendant. Conversion: is a tort that requires intentionally converting the personal property of another to one s own use. To commit conversion, the tortfeasor takes the owner s personal property and does not return it. Conversion is the tort equivalent of the crime of theft. The tortfeasor completely converts (or destroys) the property. If the tortfeasor totals the car, then the tort if conversion. Curtesy: the husband s right to a life estate, upon the death of his wife, in the land she owned provided they had a child capable of inheriting the estate. 2

3 Damages: are awarded by the court to compensate the plaintiff for actual loss or injury. Damages are awarded for any type of harm, including bodily injury, property damage and financial harm. The three types of damages awarded by the court are (1) nominal; (2) compensatory; (3) punitive. Defamation: intentionally making a false statement about a person that is communicated to a third party causing harm to reputation. There are two types of Defamation: Libel and Slander. Libel is written and Slander is spoken. Libel is usually a false statement written in a magazine, newspaper or book. Slander is usually spoken on the radio or television. Dower: A widow has an equitable interest in her husband s property upon his death. Easement: is the right to use real property of another for a specific purpose. Embezzlement: typically occurs when an employee intentionally takes property from an employer without permission. Embezzlement is when a person: (1) entrusted with (2) another person s property (3) fraudulently (4) appropriates (or takes) (5) the property. Encroachment: occurs when a land owner s trees or branches extend onto the neighboring property. Equity of Redemption: Under Connecticut law, the mortgagee (lender) has legal title to the mortgaged property and the mortgagor (borrower) has equitable, or beneficial, title (also called equity of redemption). Owners have the right to reclaim their real property before it is sold in a mortgage foreclosure. Estoppel: preventing a party from asserting a legal claim or defense which is contrary or inconsistent with prior action or conduct. False Imprisonment: (1) intentionally (2) restraining someone in a (3) bounded area (4) for an appreciable length of time (5) without consent. A bounded area can be a locked room or a wooded area. If the victim is somehow prevented from leaving, a bounded area exists. An appreciable length of time may be a minute or a day. It depends on the situation and the circumstances. If the victim is buried alive in a coffin, a minute is an appreciable length of time. If the victim is locked in a comfortable room with food and water, one day may be an appreciable length of time. False Light: a type of Invasion of Privacy: (1) intentionally (2) placing a false light on the plaintiff that is offensive, and (3) damages. Fee Simple: absolute ownership of real property as a whole or unlimited estate. Fixture: items which have become part of real property because the person attaching them intends that result. Fraud: making a false statement and causing the victim to turn over something of value. Fraud is more serious than misrepresentation. If the tortfeasor makes a false statement enticing the victim to turn over something of value, it is fraud. 3

4 Intent: the tortfeasor intends to bring about a particular consequence. Intestacy: to die without a will. Heirs would inherit according to the laws of intestacy. Invasion of Privacy: There are four types of cases: (1) public disclosure of private facts, (2) appropriation, (3) unreasonable intrusion into seclusion, and (4) false light. Joint and Several Liability: When there are two or more defendants, they may be held jointly and severally liable. Defendants held jointly and severally liable must contribute to the plaintiff s award of monetary damages. The result is that each of the defendants may be held individually accountable for the full amount of the damages. Multiple defendants can be held individually liable for combined negligence. Joint Tenancy: two or more co-owners take identical interests simultaneously by the same instrument with the same right of possession. Joint Tenants with Rights of Survivorship: a joint tenant s right to succeed to the whole estate upon the death of the other joint tenant. Judgment Lien: a charge upon the real property of a debtor resulting from a court decree. Lease: a contract for the possession of land in consideration for the return of rent. Legal Cause: an element of Negligence, whereby the tortfeasor must be both the actual cause and legal cause of the plaintiff s damages. Life Estate: a right to the use and enjoyment of real property for the remainder of one s life. Lis Pendens: a notice recorded in the Land Records that litigation is pending affecting real property. Lien: a claim on the real property of another as security for some debt or charge. Littoral Rights: pertaining to water rights of real property abutting an ocean, sea or lake. Marketable Record Title Act: Any person who has an unbroken record chain of title to an interest in land for a period of 40 years has a marketable title. Mechanic s Lien: a lien recorded by workers who have contributed their labor or furnished materials for the improvement of real property. Misrepresentation: Tortfeasor makes a false statement to the plaintiff with the intent to deceive, and the plaintiff relied on the false statement resulting in harm. Negligence: an unintentional tort that occurs when tortfeasors breach their duty of reasonable care causing damages. Intent is not required for Negligence. 4

5 Nominal damages: a minimal amount is awarded to plaintiffs for proving their case. A nominal damage award may be $1 because the plaintiff has suffered minimal harm, and the court has to award some dollar amount. Nuisance: requires proof of four elements: (1) condition is dangerous; (2) continuous; (3) unreasonable or unlawful; (4) and proximate cause of the plaintiff s injuries or damages. Power of Attorney: Preponderance of the Evidence: Plaintiff s burden of proof in a civil action. Plaintiff must show that it is more likely than not that defendant committed the tort. Prima Facie: translates to on its face. If the plaintiff has a prima facie case, the cause of action will be successful in court because the plaintiff can prove all of the element of the tort. Products Liability: actions arise when an injury is caused by a defective product. The product must be used for the purpose for which it was intended. There are many defendants who may be sued in a products liability action. They are the: manufacturer, distributor, wholesaler, retailer, and seller. All of these parties would be named as defendants in a products liability lawsuit and could be held strictly liable for damages. Public Disclosure of Private Facts: is a type of Invasion of Privacy: (1) intent, (2) harm to reputation, (3) publication, and (4) damages. Public Figures: If public figures sue for defamation, they have to prove an additional element of actual malice. Public figures are usually politicians, movie stars, and sports celebrities. The definition of actual malice is: acting with knowledge of the falsity of a statement or with reckless disregard of whether the statement is true or false. Public figures have to prove actual malice because they voluntarily place themselves in the limelight and subject themselves to public scrutiny. Punitive damages: punish the defendant for committing the tort. Any punitive damage award is added to the compensatory damages. Quiet Title: is an action to settle title or claim interest in real or personal property. Quitclaim Deed: conveys all the owner s rights, title and interest in the real property without any covenants of title. Quitclaim Deeds are typically used to convey title from one spouse to another in divorce actions. Riparian Rights: refers to the rights of owners of land abutting a stream. Salesperson: a person licensed by the State of Connecticut to negotiate real estate transactions under the supervision of a broker. Second Mortgage: a mortgage that is second in priority to a first mortgage recorded in the land records. 5

6 Secondary Mortgage Market: primary lenders sell existing mortgages to secondary lenders after funding the loan. Security Deposit: a deposit required by the landlord to be paid by the tenant. If the apartment is not damaged, the deposit will be refunded after the lease expires. Specific Performance: an equitable remedy whereby the court orders a breaching party to specifically perform the terms of a contract. The plaintiff must show that money damages are inadequate and that the subject matter of the contract is unique. Strict Liability: occurs when the defendant is held strictly liable for any damages caused as a result of certain types of actions. In a strict liability action, the plaintiff does not have to prove intent or negligence. There are three types of strict liability actions. They are (1) Products liability, (2) Abnormally dangerous (or ultrahazardous) activities, and (3) Wild animals. Sublet: The tenant rents a portion or all of the apartment to a third person, but remains liable under the lease. Subpoena: a legal summons ordering an individual to appear in court to give testimony. Surety: a person promises to pay the debt of another and become legally liable for the debt. Tenancy: the possession of property by right or title, under a conveying instrument such as a deed or will. Tenancy in Common: tenancy by two or more persons, in equal or unequal undivided shares, with each person having the right to possess the entire property, but with no rights of survivorship. Time is of the Essence Clause: Where a time for performance is stated in a contract, the party s performance within a reasonable time thereafter is considered substantial performance. But if it is stated that Time is of the Essence as to a certain clause in the contract, the breaching party will be liable for damages immediately after the specified date. Time Share: joint ownership of a single unit that gives several purchasers the right to use the unit for a certain time. Title Insurance: a policy under which the insurer agrees to indemnify the insured up to a specific amount against loss through defect of title to real estate. Title Search: to examine land records to establish ownership of real property and to determine if there are any encumbrances affecting the title. Tort: is a civil wrong. Tortfeasor: is the person committing a tort. 6

7 Trade Fixture: an item affixed to leased property by a tenant for use in the tenant s business. Trade fixtures are not part of the real property and may be removed by the tenant. Trespass to Chattel: intentionally taking the personal property of another without consent. In trespass to chattel, the tortfeasor merely deprives the owner of the use of the property. For example, if the tortfeasor takes a car for a joy ride and returns it to the owner, that is Trespass to Chattel. Trespass to Land: unlawful invasion of another s right of possession to real property. Trust Account: a separate bank account used for clients funds. Attorneys in Connecticut must maintain IOLTA (Interest on Lawyers Trust Accounts) accounts, and the interest is automatically transferred to the CT Bar Association every month to be used for indigent clients. Unilateral Contract: contains a promise by one party to the contract to perform a specific act. Unreasonable Intrusion into Seclusion: a type of Invasion of Privacy: (1) intentional (2) intrusion (3) upon seclusion of plaintiff (4) that is highly offensive. Usury: charging a rate of interest that is in excess of the legal rate. Void Contract: a contract that is void ab initio (from the beginning), usually because it is illegal. Voidable Contract: a contract that can be terminated at the option of one of the parties, usually because one of the parties is a minor. Warranty Deed: the seller conveys title to real property by a deed containing promises to indemnify the buyer. Waiver: voluntarily surrendering rights or claims by signing a document waiving those rights. Wild Animals: Keepers of wild animals are held strictly liable for any injuries caused to victims. The plaintiff must prove that the animal is wild, not domestic. The Latin terms for the different types of animals are ferae naturae ( wild by nature ) and domitae naturae ( domestic by nature ). If an animal is naturally wild and injures someone, the animal s owner will be held strictly liable for the victim s damages. Owners of dogs and cats may be held strictly liability if their pets are deemed to have vicious propensities. Zoning: Connecticut towns regulate the use of land for specific purposes, such as residential, commercial or industrial. 7