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Property: Statutes and Practice Guides

Property resources for 1Ls, bar examinees, and other patrons

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Useful Definitions

Adverse PossessionThe enjoyment of real property with a claim of right when that enjoyment is opposed to another person's claim and is continuous, exclusive, hostile, open, and notorious.

BailmentA delivery of personal property by one person (the bailor) to another (the bailee) who holds the property for a certain purpose, usually under an express or implied-in-fact contract.

ChattelMovable or transferable property; personal property; especially, a physical object capable of manual delivery and not the subject matter of real property.

Concurrent OwnershipOwnership or possession of property by two or more persons at the same time.

DeedA written instrument by which land is conveyed. At common law, any written instrument that is signed, sealed, and delivered and that conveys some interest in property.

FixturePersonal property that is attached to land or a building and that is regarded as an irremovable part of the real property, such as a fireplace built into a home.

Estates in LandProperty that one has in lands, tenements, or hereditaments.

Leasehold EstatesA tenant's possessory estate in land or premises, the four types being the tenancy for years, the periodic tenancy, the tenancy at will, and the tenancy at sufferance.

Personal PropertyAny movable or intangible thing that is subject to ownership and not classified as real property.

Real PropertyLand and anything growing on, attached to, or erected on it, excluding anything that may be severed without injury to the land.

ReplevinAn action for the repossession of personal property wrongfully taken or detained by the defendant, whereby the plaintiff gives security for and holds the property until the court decides who owns it.

TitleThe union of all elements (as ownership, possession, and custody) constituting the legal right to control and dispose of property; the legal link between a person who owns property and the property itself.

All definitions come from Black’s Law Dictionary

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