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Real Property
Land and those objects permanently attached to land
Personal Property
Movable property owned by a person
Fixture
Objects permanently attached to real property
Abandoned
Property the owner discards with no intention of reclaiming it
Title
Evidence of the right of ownership of a person having personal or real property
Abstract of Title
Evidence of ownership that gives the full history of the property
Deed
A document conveying title to real property
Restrictive Covenant
A provision in a deed limiting the use of the property
Lien
A claim or charge against property for payment of some debt
Mortgage
An interest in real estate given to secure payment of a debt, must be in writing
Gift
A transfer made without consideration in return
Donor
The person making the gift
Donee
The person receiving the gift
Life Estate
Ownership limited to the duration of some person’s lifetime
Lease
A contract or agreement between the landlord and tenant
Fixed Term Lease
A lease with a specific start and end date
Periodic Lease
A lease with no specific start or end date. It can be month to month or year to year
Common Carriers
Public transportation companies required by law to convey passengers or freight without approval as long as the charge is paid
Quasi-property Theory
A theory of the legal status of the dead human body. Rights associated with the body are as if it were property for the purpose of disposition
Policy
A written contract of insurance
Underwriter
The company that writes the insurance policy
Beneficiary
The recipient of the proceeds of a life insurance policy
Risk or Peril
The danger of loss, or injury to, property, life, or anything else
What are the most common types of insurance?
Property, automobile, and life
Whole life policy
Insurance that covers and insured for life and accumulates cash surrender value
Debtor
A person or entity that owes money to another
Fee Simple Estate
The broadest form of ownership in real property
Negligence
Failure to exercise reasonable care
Secured Claim
A debt which is supported by a pledge, mortgage, or lien on assets belonging to the debtor
Bailee
The party who acquires possession, but not the title, of another’s personal property, under agreement
Bailment
The transfer of possession, but not the title, of another’s personal property, under agreement
Bailor
The party who gives up possession, but not the title, of personal property, under agreement
Gross Negligent Act
The intentional failure or the reckless disregard of the consequences with respect to conduct affecting the life or property of another
Liability
Responsibility for actions and/or other debts; the quality or state of being legally obligated or accountable
Statement of Funeral Goods and Services Selected
An itemized list of goods and services that a consumer has selected during an arrangement conference that allows them to evaluate the selections and make any desired changes
Insured
The person(s) protected against the loss
Premium
Consideration paid by the insured
Face
The maximum the insurer pays for a loss
Rider
Addition to the insurance policy that modifies, extends, or limits the base contract
Binder
Temporary contract of insurance until the company investigates the risk and issues a formal policy
Insurable Interest
The policyholder has an interest in the nonoccurrence of the risk insured against, usually because there would be financial loss
Concealment
(Responsibility placed on the insured) A willful failure to disclose pertinent information by the insured to the insurer
Representation
Oral or written misstatement of material fact by the insured prior to the finalization of the contract
Subrogation
The right of the insurer under certain circumstances to assume the legal rights of or to “step into the shoes” of the insured
Estoppel
(Prevention) One party leads the second to a false conclusion the second relies on; the second party would be harmed if the first party were later allowed to show the conclusion to be false
Deed of Trust
Deed that transfers property to trustee for benefit of the creditor
Lost
Individual finder can keep until owner comes forward
Mislaid
Property owner may have right to property over individual finder
No Property Theory (Ecclesiastical)
The dead human body was within the exclusive control of the church; no individual had property rights in the dead human body
Property Theory
The legal bundle of right recognized in an object