Chapter 24: Real Property and Environmental Law

toxic tort

a civil wrong arising from exposure to a toxic substance, such as asbestos, radiation, or hazardous waste

nuisance

a common law doctrine under which persons may be held liable for using their property in a manner that unreasonably interferes with others' rights to use or enjoy their own property

lease

a contract by which the owner of real or personal property grants someone else an exclusive right to use or possess the property, usually for a specified period of time, in return for rent of some other form of payment

quitclaim deed

a deed that conveys only whatever interest the grantor had in the property and therefore offers the least amount of protection against defects of the trial

warranty deed

a deed that provided the greatest amount of protection for the grantee, in that the grantor promises that she or he has the title to the property conveyed in the deed, that there are no undisclosed encumbrances on the property, and that the grantee will enjoy quiet possession of all the propety

special warranty deed

a deed that warrants only that the grantor held food title during his o her ownership of the priority and does not warrant their there were not defects of tutee when the property was held by previous owners

deed

a document by which title to real property is conveyed

constructive eviction

a form of eviction that occurs when a landlord fails to perform adequately any of the duties required by the lease, thereby making the tenants further use and enjoyment of the property exceedingly difficult or impossible

environmental impact statement

a formal analysis required for any major federal action that will significantly affective quality if the environment to determine the action's impact and explore alternatives

eviction

a landlord's act of depriving a tenant of possession of the leased premises

easement

a nonpossessory right, established by express or implied agreement to make limited use of another's property without removing anything from that property

potentially responsible party

a party liable for the cost of cleaning up a waste disposal site under the comprehensive environmental response, compensation, and liability act. Any person who generates the waste, transported, owned or operated the site at the time of disposal, or owns or operates the site at the present time may be responsible for some or all of the clean up costs

sublease

a tenant's transfer of all or part if the leased premise to a third person for a period shorter than the lease term

periodic tenancy

a type of tenancy created by lease for an indefinite period with payment of rent at fixed intervals, such as week to week, month to month or year to year

tenancy at will

a type of tenancy that either the landlord or the tenant can terminate without notice

tenancy at sufferance

a type of tenancy under which a tenant continues wrongfully to occupy leased property after the lease has terminated

implied warranty of habitability

an implied promise ny a seller of a new house that the house is fit for human habitation. also, the implied promise by a landlord that rented residential premises are habitable

life estate

an interest in land that exists only of the duration of the life of a specified individual, usually the holder of the estate

leasehold estate

an interest in real property that gives a tenant a qualified right to possess and/or use the property for a limited time under a lease

fixture

an item of personal property that has become so closely fixated associated with real property that it is legally regarded as a part of that real property

fee simple absolute

an ownership interest in land in which the owner has the greatest possible aggregation go rights, privileges and power

profit

in real property law, the right to enter onto another's property and remove something of value from that property

nonpossessory interest

in the context of real property, an interest that involves the right to use land but not the right to possess it

license

in the context of real property, revocable right or privilege to enter onto another person's land

recording statutes

statutes that allow deeds mortgages, and other real property transactions to be recorded so as to provide notice ti future purchasers or creditors of an existing claim on the property

adverse possession

the acquisition of title to real property by occupying it openly, without the consent if the owner, for a period of time specified by a state statute. The occupation must be actual, exclusive, open, continuous, and in opposition to all others, including the other.

eminent domain

the power of a government to take land from private citizens for public use on the payment of just compensation

condemnation

the process if taking private property for public use through the the government's power of eminent domain

taking

the taking of private property by the government for public use through the power of eminent domain

conveyance

the transfer of title to real property from one person to another by deed or other document

fixed-term tenancy

type of tenancy under which property is leased for a specified period of time, such as a month, a year, or a period of years

wetlands

well-saturates. protected areas of land that support wildlife