Glossary of Ohio Real Estate

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The failure to occupy and use property which may result in a loss of right
Abstract of title
Compare: Title Report
A brief, chronological summary of the recorded documents affecting the title to a particular parcel of real property.
1. Agreeing to the terms of an offer to enter into a contract, thereby creating a binding contract. 2. Taking delivery of a deed.
Case law
Rules of law developed in court decisions.
Civil litigation
A lawsuit in which one individual sues another for compensation.
Criminal litigation
A lawsuit in which the government sues an individual to punish wrong doing and protect society.
Money a defendant is ordered to pay the plaintiff.
Due process
A fair hearing by an impartial judge (required by the Constitution before an individual can be deprived of life, liberty, or property).
A previously decided case concerning the same issues as a later case.
Pretrial discovery
Using depositions and interrogatories to learn more about the disputed facts from the opposing parties and reluctant witnesses.
When a defendant pays the plaintiff a sum of money (or agrees to do something or refrain from doing something) so the plaintiff will drop the lawsuit.
Stare decisis
The doctrine that requires judges to follow precedent, to make the law consistent and predictable.
A breach of the standards of reasonable conduct imposed by law.
Trying to induce owners to sell their homes by suggesting that the ethnic or racial composition of a neighbohood is changing, with the implication that property values will decline. Also called panic selling or panic peddling.
Disparate impact
When a law that isn't discriminatory on its face has a greater impact on a minority group than it has on other groups.
Exclusionary zoning
A zoning law that has the effect of preventing certain groups (such as minorities or poor people) from living in a community.
Familial Status
A protected group under the Federal Fair Housing Act and the Ohio Civil Rights Act, making it illegal to discriminate against a person because he or she is the parent or guardian of a child under 18 years of age.
Mrs. Murphy Exemption
An exemption to the Federal Fair Housing Act for an owner occupied dwelling of four units or less, provided the owner occupies one unit, does not use discriminatory advertising and does not use a real estate agent.
Ohio does not recognize this exemption.
Refusal to make loans on property located in a particular neighborhood for discriminatory reasons.
Channeling prospective buyers or tenants to particular neighborhoods based on their race, religion, or ethnic background.
Title VIII
Another name for the Federal Fair Housing Act, which is Title VIII of the Civil Rights Act of 1968.
Appropriative rights
Water rights granted by government permit, and not dependent on ownership of riparian property.
A right that goes along with ownership of real property.
Constructive annexation
When personal property is associated with real property in such a way that the law treats it as a fixture, even though it is not physically attached to the real property.
Doctrine of emblements
Allows a tenant farmer to reenter the land to harvest crops that he or she planted, but which mature after the tenancy ends.
An item of personal property that has been attached to or closely associated with real property in such a way that it's legally become part of the real property.
A major fixture, such as a building, is called an improvement.
Fructus industriales
Plants and trees cultivated by people.
Fructus naturales
Naturally occurring plants and trees.
Natural Attachments
Plants rooted in the earth which are considered real property.
Riparian rights
The water rights of a landowner whose property adjoins a river, lake, or other body of water (also encompasses littoral rights, which are technically different, but covered by the more common term riparian rights).
Rule of Capture
Rule that states a landowner owns all the oil and gas produced ("captured") by a well drilled on his or her land.
Trade fixture
Equipment or other personal property which a tenant has installed for business purposes and which may be removed at the end of the tenancy.
Adverse possession
When someone acquires title to property by occupying it without the owner's permission for more than 21 years.
A special real property interest which the law provides as a statutory life estate to a spouse when a married person owns real property in Ohio.
A right to use another person's real property for a particular purpose.
A nonpossessory interest, such as an easement or lien, that burdens the property owner's title.
A possessory interest in real property.
Fee simple
An inheritable, transferable, perpetural ownership ownership interest.
Fee= I own it.
Simple= Forever.
When a lien holder causes property to be sold, so that the unpaid debt secured by the lien can be satisfied from the sale proceeds.
Freehold estate
A possessory interest of uncertain duration.
Leasehold estate
An interest that gives the holder, the tenant, a temporary right to exclusive possession of the estate, without title.
A financial claim against real property, allowing the holder to foreclose if a debt is not paid.
Life estate
An ownership interest that lasts only as long as a specified person lives.
Goes back
Goes on
Estate for year
Any leasehold estate for a fixed time period. Also called term tenancy.
Periodic tenancy
A leasehold estate for a duration which is not limited to a specific term.
When a party signs a document before a notary, stating that it was signed voluntarily.
Actual notice
Having actual knowledge of a fact.
Legal term that encompasses all the different methods of transfer, voluntary and involuntary.
When witnesses sign a legal document to affirm that the parties' signatures are genuine.
Anything of value, such as money, goods, services or promises, which is given to induce another person to enter into a contract.
Constructive notice
Having knowledge of a fact imputed to a person by law; in other words, a person is held to have notice of a fact because it was a matter of public record, even if the person wasn't actually aware of it.
An instrument that conveys grantor's interest, if any, in the real property.
Donative intent
Grantor's intent to transfer title immediately and unconditionally.
Inquiry notice
Having notice of a problem because circumstances should have alerted that person to a problem which needed to be investigated further.
Ownership by one individual.
The actual lawful ownership of real property. (This is NOT a document, but rather a concept or theory dealing with ownership.)
Undivided interest
Gives each co-owner the right to possession of the whole property, not just a fraction of it.
Court appointed party who carries out the statutory distribution of property in an estate of a person who died without a will.
A willed gift of personal property.
To transfer real property as a gift by will; also used as a noun to refer to the real property itself which is transferred by a will. The recipient is a devisee.
When someone's property passes to the state, because he or she died without a valid will and without heirs.
One appointed by a will to carry out the deceased's wishes.

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