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Equitable conversion is a doctrine of the law of real property under which a purchaser of real property becomes the equitable owner of title to the property at the time he/she signs a contract binding him/her to purchase the land at a later date. The seller retains legal title of the property prior to the date of conveyance, but this land interest is considered personal property (a right to the payment of money, rather than a right to the property). The risk of loss is then transferred to the buyer — if a house on the property burns down after the contract has been signed, but before the deed is conveyed, the buyer will nevertheless have to pay the agreed-upon purchase price for the land. Such issues can and should be avoided by parties by stipulating in the contract who will bear the loss in such occurrences. The above rule varies by jurisdiction, but is the general rule. Image File history File links Scale_of_justice. ...
This article or section does not adequately cite its references or sources. ...
This article concerns the common-law legal system, as contrasted with the civil law legal system; for other meanings of the term, within the field of law, see common law (disambiguation). ...
A gift, in the law of property, has a very specific meaning. ...
In common law, adverse possession is the name given to the process by which title to anothers real property is acquired without compensation, by, as the name suggests, holding the property in a manner that conflicts with the true owners rights for a specified period of time. ...
A deed is a legal instrument used to grant a right. ...
{{PropertyLaw}} In the [[common law]] of [[property]], personal belongings that have left the possession of their rightful owners without having directly entered the possession of another person are deemed to be lost, mislaid, or abandoned, depending on the circumstances under which they were found by the next party to come...
Alienation, in property law, is the capacity for a piece of property or a property right to be sold or otherwise transferred from one party to another. ...
Bailment describes a legal relationship where physical possession of personal property (chattels) is transferred from one person (the bailor) to another person (the bailee) who subsequently holds possession of the property. ...
A license or licence is a document or agreement giving permission to do something. ...
Estate is a term used in the common law. ...
Allodial title is a concept in some systems of property law. ...
Fee simple, also known as fee simple absolute or allodial, is a term of art in common law. ...
A life estate, at common law is an estate in real property that ends at death. ...
This article includes a list of works cited or a list of external links, but its sources remain unclear because it lacks in-text citations. ...
In property law and real estate, a future interest - is an interest that accompanies a defeasible estate. ...
A concurrent estate or co-tenancy is a concept in property law, particularly derived from the common law of real property, which describes the various ways in which property can be owned by more than one person at a given time. ...
A leasehold estate is an ownership interest in land in which a lessee or a tenant holds real property by some form of title from a lessor or landlord. ...
This article refers to a form of housing. ...
Conveyancing is the act of transferring the legal title in a property from one person to another. ...
A bona fide purchaser (BFP)âor bona fide purchaser for value without notice (BFPFVWN)âin the law of real property, is an innocent party who purchases property for value, without notice of any other partys claim to the title of that property. ...
Torrens title is a system of land title where a register of land holdings maintained by the state guarantees indefeasible title to those included in the register. ...
Estoppel by deed is a doctrine in the law of real property that arises where a party conveys title to land that he does not own to a bona fide purchaser, and then acquires title to that land. ...
A quitclaim deed is a term used in property law to describe a document by which a person disclaims any interest the grantor might have in a piece of real property, and passes that claim to another person (the grantee). ...
This article is about the legal mechanism used to secure property in favor of a creditor. ...
This page is a candidate to be copied to Wiktionary. ...
In property law and real estate, a future interest - is an interest that accompanies a defeasible estate. ...
A restraint on alienation, in the law of real property, is a clause used in the conveyance of real property that seeks to prohibit the recipient from selling or otherwise transferring his interest in the property. ...
The rule against perpetuities is a rule in property law which prohibits a contingent grant or will from vesting outside a certain period of time. ...
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In the common law of England, the doctrine of worthier title was a legal doctrine that preferred taking title to real estate by descent over taking title by devise or by purchase. ...
A nonpossessory interest in land is a term of the law of property to describe any of a category of rights held by one person to use land that is in the possession of another. ...
An easement is the right to do something or the right to prevent something over the real property of another. ...
A profit, in the law of real estate, is a nonpossessory interest in land similar to the better-known easement, which gives the holder the right to take natural resources such as petroleum, minerals, timber, and wild game from the land of another. ...
A covenant running with the land, in the law of real property, is a nonpossessory interest in land in the form of an agreement between adjoining landowners to do or not do something with relation to the land that they respectively occupy - to maintain a fence, for example, or not...
An equitable servitude is a term used in the law of real property to describe a nonpossessory interest in land that operates much like a covenant running with the land, requiring the landowner to maintain certain practices with respect to the land (e. ...
In the law of real property, fixtures are anything that would otherwise be a chattel that have, by reason of incorporation or affixation, become permanently attached to the real property. ...
Waste is a term used in the law of real property to describe a cause of action that can be brought in court to address a change in condition of real property brought about by a current tenant that damages or destroys the value of that property. ...
A partition is a term used in the law of real property to describe the court-ordered division of a concurrent estate into separate portions representing the proportionate interests of the tenants. ...
Riparian water rights is a system of allocating water among the property owners who abut its source. ...
Lateral and subjacent support, in the law of property, describes the right a landowner has to have that land physically supported in its natural state by both adjoining land and underground structures. ...
An assignment is a term used with similar meanings in the law of contracts and in the law of real estate. ...
Nemo dat quod non habet, literally meaning no one [can] give what they dont have is a legal rule, sometimes called the nemo dat rule that states that the purchase of a possession from someone who has no ownership right to it also denies the purchaser any ownership title. ...
A contract is any promise or set of promises made by one party to another for the breach of which the law provides a remedy. ...
In the common law, a tort is a civil wrong for which the law provides a remedy. ...
This does not adequately cite its references or sources. ...
The law of trusts and estates is generally considered the body of law which governs the management of personal affairs and the disposition of property of an individual in anticipation and the event of such persons incapacity or death, also known as the law of successions in civil law. ...
Criminal law (also known as penal law) is the body of statutory and common law that deals with crime and the legal punishment of criminal offenses. ...
The law of evidence governs the use of testimony (e. ...
Lady Justice or Justitia is a personification of the moral force that underlies the legal system (particularly in Western art). ...
Real property is a legal term encompassing real estate and ownership interests in real estate (immovable property). ...
A contract is a legally binding exchange of promises or agreement between parties that the law will enforce. ...
Personal property is a type of property. ...
Risk of loss is a term used in the law of contracts to determine which party should bear the burden of risk for damage occurring to goods after the sale has been completed, but before delivery has occurred. ...
Effect of death of a party
If one of the parties dies after the contract for sale of the property has been executed, the doctrine will govern how that party's interest will pass to his heirs. For example, suppose the seller wills his real property to his son, and his personal property to his daughter. If the seller dies after the contract for conveyance is signed, his interest in the land will be treated as personal property, and will pass to his daughter. This does not adequately cite its references or sources. ...
NY Law does not recognize equitable conversion.. |