Practice Area » Landlord & Tenant » Glossary of Landlord & Tenant Terminology
Landlord & Tenant Glossary
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Abatement: Reduction or rebate of an amount owed, usually by agreement with the person to whom the debt is owed. Debts or claims may be abated pro rata if there is not enough money to meet them all.
Acceptance: One of three requirements for a valid contract under common law (the other two being offer and consideration). A contract does not become legally binding until one party has made an offer and the other party indicates his readiness to accept the terms of the offer. Acceptance must be unconditionally communicated to the offeror while the offer is still open. Acceptance of an offer can, in certain circumstances, be implied by conduct.
Accord and Satisfaction: A contract may be discharged if one party, who has complied with his part of the contract, accepts compensation from the other party instead of enforcing the contract. The accord is the agreement by which the obligation is discharged. The satisfaction is the consideration (usually money and of a lesser value) which makes the agreement operative.
Acquiescence: Action or inaction which legally binds someone, even unintentionally. For example, an action such as accepting goods from a supplier will be binding if it implies recognition of the terms of a contract.
Act of God: An event resulting from natural causes, without human intervention (such as floods or earthquakes). Insurance policies often exclude acts of God.
Action: Proceedings in a civil court.
Administrative law: Law which applies to hearings before quasi-judicial or administrative tribunals. Such hearings must be conducted in accordance with the principles of natural justice, such as audi alteram partem and nemo judex in sua causa.
ADR: Alternative dispute resolution (such as arbitration, mediation and conciliation).
Adverse possession: Possession of land, without legal title, for long enough - normally 12 years - to be recognized as the legal owner ("squatter's rights").
Affidavit: Sworn written statement signed by a deponent, who swears that its contents are true to the best of his knowledge and belief. It must be witnessed by a practising solicitor or commissioner for oaths.
Agent: Person with power to contract on behalf of others, binding them as if they were signing the contract themselves. The person represented by the agent is called the principal.
Alternative dispute resolution: Method by which conflicts and disputes are resolved privately, other than through litigation, usually by mediation or arbitration. ADR involves the appointment of a third-party to preside over a hearing between the two sides. The advantages of ADR are privacy and speed. The disadvantage is that ADR may involve compromise of legal rights.
Antedate: To date retroactively, before a document was drawn up.
Assign: To give or transfer responsibility to another person. The person who receives the right or property is the assignee; the assignor is the person giving.
Bailee: Person who accepts property through a contract of bailment, from the bailor, and who has certain duties of care while the property remains in his possession.
Bailment: Temporary transfer of goods by a bailor to a bailee (for example, for storage), after which the property is either returned to the bailor or disposed of according to the contract of bailment.
Chattels: Moveable items of property which are neither land nor permanently attached to land or a building. (Land or buildings are described as "real property".) Chattels are also known as personal property (or personalty). A freehold property is not a chattel, but a leasehold is.
Collateral: Property committed to guarantee a loan.
Common law: Judge-made law which has developed over centuries, also referred to as "unwritten" law. Common law (as practised in Ireland, England and the USA) is often contrasted with civil law systems (such as in France or Germany) where laws are set down in a written code.
Consign: To leave property in the custody of another. An item can be consigned to a transport company, for example, to move it from one place to another. The consignee is the person who receives the property and the consignor is the person who ships the property to the consignee.
Covenant: Written document in which signatories either commit themselves to do (or not to do) something, or in which they agree on a certain set of facts. Covenants are very common in leases where a landlord will usually covenant to give the tenant "quiet enjoyment" and the tenant covenants to pay the rent, keep the premises in good repair and deliver them up at the end of the tenancy.
De facto: (Latin:in fact) Something which exists in fact, though not necessarily approved by law (de jure). A common law spouse may be referred to as a de facto spouse, although not legally married.
Distraint: Seizure of personal property to compel a person to fulfil a legal obligation. Formerly landlords had the power to distrain against the property of a tenant for arrears of rent or other default, but such action is now forbidden in relation to premises let solely as a dwelling. A legal action for the restoration of goods that have been distrained is called replevin.
Dominant tenement: Property or land that benefits from, or has the advantage of, an easement, such as a right of way.
Fraud: Dishonest conduct designed to persuade another person to give something of value by lying, repeating something that is or ought to have been known by the fraudulent party to be false or suspect, or by concealing a relevant fact from the other party. Fraud allows a court to void a contract or to set aside a judgment, and can result in criminal liability. A person who defrauds creditors of a company may be held personally liable.
Freehold: Right to the full use of real property for ever (as opposed to leaseholds or tenancies, which allow possession for a limited time). Varieties of freehold include fee simple, fee tail and life estate.
Freeholder: Person who owns freehold property rights.
In personam: (Latin:against the person) All legal rights are either in personam or in rem. An in personam right attaches to a particular person.
In rem: (Latin:against the thing) In rem rights relate to property and are not based on any personal relationship.
Inter alia: (Latin:among other things) Used to precede a list of examples covered by a more general descriptive statement.
Laches: Doctrine whereby those who delay too long in asserting an equitable right lose their entitlement to bring an action.
Landlord: Owner of a building or land who leases the land, building or part thereof, to another person, who is called the tenant or lessee.
Lease: Contract between a property owner and another person for temporary use of property, in exchange for rent.
Legal Aid: Government scheme providing advice or assistance from a solicitor or barrister free or at a reduced rate.
Minor:Person under the age of 18 who is not married (or has not been married). A minor may only enter into certain contracts, such as those for necessaries or an apprenticeship. An Irish resident under the age of 18 may not legally marry without the permission of the Court, even if the ceremony takes place somewhere (such as Northern Ireland) where the minimum age for marriage is under 18.
Perpetuity:Forever, of unlimited duration. The law leans against against agreements that are to last in perpetuity because they may hinder commerce by impeding the circulation of property. The rule against perpetuities says that a limitation of any interest in land is void if it can vest outside the perpetuity period, which is a life plus 21 years. For example, if a will proposes the transfer of an estate at some uncertain future date, which is either more than 21 years after the death of the testator or more than 21 years after the life of a person identified in the will, the transfer is void.
Profit à prendre: (French: profit to be taken) Right which allows the holder to enter the land of another and to take some natural produce, such as fish, game, timber, sand, crops or pasture.
Prohibition: Legal restriction on the use of something or on certain conduct.
Quantum: Latin: amount or extent.
Redemption: Repayment of a mortgage, so the equitable estate of the lender and the legal estate of the borrower merge in the mortgagor.
Rent: Money or other consideration paid by a tenant to a landlord in exchange for the exclusive possession and use of land, buildings or part of a building. Under normal circumstances, rent is paid at regular agreed intervals, but it may be paid in kind or by the provision of services. A peppercorn rent is a nominal sum (perhaps a penny a year) as an acknowledgement of the tenancy.
Riparian rights: Rights of owners of land on a river bank. Riparian rights include the right of access to, and use of, the water for domestic purposes (bathing, cleaning and navigating). The owner of the rights may take action to prevent damming, diversion or pollution of the water.
Solicitor:General lawyer who may deal directly with the public.
Tenant: Person to whom a landlord grants temporary and exclusive use of land or a building, usually in exchange for rent. The contract for this type of legal arrangement is called a lease.
Undue Influence: Unfair pressure which may invalidate a contract.
Waiver: Renunciation of a right or benefit. Waivers are not always in writing. Sometimes actions can be interpreted as a waiver.
Waste: Abuse, destruction or permanent change to property by a person who is merely in possession of it, such as a tenant or a life tenant.
Words of limitation: Words in a conveyance or will which limit the duration of an estate. If a testator leaves property "to X and his heirs", the words "and his heirs" are words of limitation because they indicate that X gets the land in fee simple and his heirs get no interest.
Words of purchase: Words in a conveyance or will which specifically name the person to whom land is being conveyed.
Year: When used without any other qualification, a 12-month period beginning on January 1.
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