property

property
prop·er·ty n pl -ties [Anglo-French propreté proprieté, from Latin proprietat- proprietas, from proprius own, particular]
1: something (as an interest, money, or land) that is owned or possessed see also asset, estate, interest 1, possession 1e
abandoned property: property to which the owner has relinquished all rights
◇ When property is abandoned, the owner gives up the reasonable expectation of privacy concerning it. The finder of abandoned property is entitled to keep it, and a police officer may take possession of abandoned property as evidence without violating the Fourth Amendment to the U.S. Constitution.
after–acquired property
1: property (as proceeds) that a debtor acquires after the commencement of a bankruptcy case and that is usu. considered part of the bankruptcy estate
2: property acquired after the perfection of a lien or security interest; esp: such property acquired after the creation of a lien or security interest that is subject to the lien or becomes collateral for the security interest
3: property transferred to the estate of a decedent after execution of the will
common property: property owned or used by more than one party; specif: property owned or leased by tenants in common compare tenancy in common at tenancy
com·mu·ni·ty property: property held jointly by husband and wife; specif: property esp. from employment and debts acquired by either spouse after marriage that is deemed in states having a community property system to belong to each spouse as an undivided one-half interest compare ownership in indivision at ownership
◇ The states having community property are Louisiana, Arizona, California, Texas, Washington, Idaho, Nevada, New Mexico, and Wisconsin.
immovable property: real property in this entry; specif in the civil law of Louisiana: tracts of land with their component parts
intangible property: property (as a stock certificate or professional license) that derives value not from its intrinsic physical nature but from what it represents
in·tel·lec·tu·al property /ˌin-tə-'lek-chə-wəl-/: property that derives from the work of the mind or intellect; specif: an idea, invention, trade secret, process, program, data, formula, patent, copyright, or trademark or application, right, or registration relating thereto
lost property: property that has been left in an unknown location involuntarily but through no one's fault
◇ The finder of lost property has title to the property against all the world except the true owner.
marital property: property acquired by either spouse during the course of a marriage that is subject to division upon divorce
◇ In community property states, marital property is the same as community property and is divided equally upon divorce. In nearly all other states, marital property is divided according to what the court determines is equitable.
movable property: property (as personal property or crops) that can be moved
personal property
1: property (as a vehicle) that is movable but not including crops or other resources still attached to land: property other than real property
a tax on the personal property of the corporation
2: property belonging to a particular person
qualified terminable interest property: property passing to a surviving spouse that qualifies for the marital deduction if the executor so elects providing that the spouse is entitled to receive income in payments made at least annually for life and that no one has a power to appoint any part of the property to any person other than the surviving spouse see also qtip trust at trust
◇ Under federal tax law the property must be included in the gross estate of the surviving spouse at his or her own death, where it is subject to taxation.
real property: property consisting of land, buildings, crops, or other resources still attached to or within the land or improvements or fixtures permanently attached to the land or a structure on it; also: an interest, benefit, right, or privilege in such property – called also immovable property;
separate property: property of a spouse that is not community property or marital property; esp: property acquired by a spouse before marriage or individually during marriage (as by gift or often by inheritance)
tangible property: property that has a tangible and corporeal existence and intrinsic economic value because of it
the insurance policy restricted property damage coverage to tangible property compare intangible property in this entry
2: one or more rights of ownership

Merriam-Webster’s Dictionary of Law. . 1996.

property
I (distinctive attribute) noun aspect, attitude, attribute, character, characteristic, disposition, distinction, distinguishing quality, distinguishing trait, earmark, feature, individuality, mark, marked feature, marked quality, particularity, peculiarity, personality, point, proprietas, quality, singularity, specific quality, style, temperament, tone, trait II (land) noun acreage, acres, demesne, domain, dominions, estate, freehold, ground, grounds, holding, homestead, household, land, landed interests, landed property, leasehold, lot, parcel, plot, premises, real estate, real property, realty, territory, tract associated concepts: abandoned property, absolute property, accretions to property, acquisition of property, after-acquired property, assessable property, assessed valuation of taxable property, base property, commercial property, community property, corporate property, damage to property, devising property, distributable property, encumbrance on property, estate, execution against property, freehold, homestead, individual property, joint property, lien on property, market value, property tax, public property, purchase of property, separate and distinct properties, similar property, special property, specific property, suit affecting property, suit concerning property, taking of property for private purposes, taking of property for public use without just compensation, taxable property, title to real property, transfer of interest in property, transfer of property intended to take effect at death, unplatted land, urban property, value of the property foreign phrases:
- Transit terra cum onere. — Land passes subject to any encumbrances affecting it.
- Jus descendit, et non terra. — The right descends, not the land
- Regulariter non valet pactum de re mea non alienanda. — It is a rule that an agreement not to alienate my property is not binding.
- Cujus est solum, ejus est usque ad coelum et ad inferos. — He who owns the soil owns also up to the sky above it, and to the center of the earth beneath it.
III (possessions) noun accessories, appointments, assets, available means, belongings, bona, chattels, effects, estate, financial resources, funds, goods, hereditaments, holdings, immovables, investments, material assets, movables, ownership, pecuniary resources, personal effects, personal resources, possessions, resources, substance, tangible assets, tangibles, valuables associated concepts: appurtenance, articles of personalty, bequeathing property, fixtures, intangibles, moveables, proceeds of property, receiving stolen property, tangible property, trust property foreign phrases:
- Nemo cogitur rem suam vendere, etiam justo pretio. — No one is compelled to sell his own property, even for a just price.
- Quae ab hostibus capiuntur, statim capientium fiunt. — Things taken from enemies immediately become the property of the captors.
- Duorum in solidum dominium vel possessio esse non potest. — Sole ownership of possessions cannot be in two persons.
- Jus triplex est, – propietatis, possessionis, et possibilitatis. — Right is threefold, – of property, of possession, and of possibility.
- Nemo alienae rei, sine satisdatione, defensor idoneus intelligitur. — No one is considered a competent defender of another's property, without security
- Nul charter, nul vente, ne nul done vault perpetualment, si le donor n'est seise al temps de contracts de deux droits, sc. del droit de possession et del droit de propertie. — No grant, no sale, no gift, is valid forever, unless the donor, at the time of the contract, has two rights, namely, the right of possession, and the right of property.
- Prohibetur ne quis faciat in suo quod nocere possit alieno. — It is forbidden for any one to do on his own property what may injure another's.
- Proprietas verborum est salus proprietatum. — Propriety of words is the salvation of property.
- In re communi neminem dominorum jure facere quicquam, invito altero posse. — One of the owners of common property may not exercise any authority over it against the will of another of them.
- Expedit reipublicae ne sua re quis male utatur. — It is for the interest of the state no one should make ill use of his property.
- Mobilia non habent situm. — Movables have no situs or local habitation.
- Catalla juste possessa amitti non possunt. — Chattels cannot be deprived of when they are lawfully possessed.
- Interest reipublicae ne sua quis male utatur. — It concerns the state that people do not misuse their property.
- Rerum suarum quilibet est moderator et arbiter. — Every one is the manager and master of his own affairs or his property.
- In re pari potiorem causam esse prohibentis constat. — Where a thing is owned in common, it is clear that the cause of the party prohibiting its use is the stronger.
- In re communi potior est conditio prohibentis. — In relation to property held in common, the position of the one who prohibits is the more favorable.
IV index assets, capital, characteristic, chattel, demesne, differential, domain (land owned), dominion (absolute ownership), effects, fee (estate), freehold, goods, holding (property owned), interest (ownership), land, merchandise, money, paraphernalia (personal belongings), parcel, personalty, plot (land), possessions, premises (buildings), principal (capital sum), quality (attribute), quality (grade), real estate, realty, remainder (estate in property), resource, securities, share (stock), specialty (distinctive mark), stock (shares), substance (material possessions), territory, trait

Burton's Legal Thesaurus. . 2006


property
n.
That which is or can be owned, possessed, used, and disposed of; those things owned by someone; possessions, land, buildings, and all rights and interests that can be owned.

The Essential Law Dictionary. — Sphinx Publishing, An imprint of Sourcebooks, Inc. . 2008.


property
things and rights that can be owned or that have a money value. Property also signifies a beneficial right to a thing. In English law, property is either realty, which comprises freehold land, or personalty, which comprises everything else, including leasehold land and land held on trust for sale; pure personalty is the term used to denote chattels and other forms of personal property having no connection with land.
In relation to goods, because of the Sale of Goods Act 1979, there will be an identifiable instant at which the ownership or right of property in the goods passes from seller to buyer. The importance of ascertaining the precise time lies not only in questions of risk but also in cases of insolvency where the destination of the goods to a trustee in bankruptcy, receiver or liquidator can leave the other party to the transaction only with the right to rank for a dividend as a general creditor. The Act provides that property passes when it is intended to pass, i.e. the traditio, or physical transfer, required by the civil law is not required. Property does not pass in unascertained goods. If the parties' intention cannot be determined, certain rules are laid down to resolve the matter.
Rule 1: where there is an unconditional contract for the sale of specific goods in a deliverable state, the property in the goods passes to the buyer when the contract is made; it is immaterial whether the time of payment or the time of delivery, or both, be postponed. Thus, in the case of a sale in a shop to a customer of an item identified in the shop, property will pass when the contract is formed. Rule 2: where there is a contract for the sale of specific goods and the seller is bound to do something to the goods for the purpose of putting them into a deliverable state, the property does not pass until the thing is done and the buyer has notice that it has been done. The requirement for notice is important if the rules relating to risk are considered. As risk normally passes with property, this notice would have the effect of transferring property to the buyer, who then should consider insuring the goods, even although they are outwith his possession.
Rule 3: where there is a contract for specific goods in a deliverable state but the seller is bound to weigh, measure, test or do some other act or thing with reference to the goods for the purpose of ascertaining the price, the property does not pass until this has been done and the buyer has notice that it has been done.
It is important to distinguish Rule 3 from Rule
2. Rule 2 refers to goods that are not in a deliverable state whereas Rule 3 refers to goods that are in a deliverable state.
Rule 4: when goods are delivered to the buyer on approval, or on sale or return, or other similar terms, the property in the goods passes to the buyer:
(a) when he signifies his approval or acceptance to the seller or does any other act adopting the transaction;
(b) if he does not signify his approval or acceptance to the seller but retains the goods without giving notice of rejection, then, if a time has been fixed for the return of the goods, on the expiration of that time, and, if no time has been fixed, on the expiration of a reasonable time.
Rule 5: this rule does not apply to specific goods but to goods that at the time the contract was made were unascertained. Where there is a contract for the sale of unascertained or future goods by description and goods of that description and in a deliverable state are unconditionally appropriated to the contract, either by the seller with the assent of the buyer or by the buyer with the assent of the seller, the property in the goods then passes to the buyer; the assent may be express or implied, and may be given either before or after the appropriation is made. Where, in pursuance of a contract, the seller delivers the goods to the buyer or to a carrier or other bailee or custodier (whether named by the buyer or not) for the purpose of transmission to the buyer and does not reserve the right of disposal, he will be taken to have unconditionally appropriated the goods to the contract. This complicated rule is illustrated by Pignataro v. Gilroy [1919] 1 KB 459, in which there was a contract for the sale of 140 bags of rice. A delivery order was given for 125 bags to allow the buyer to collect goods from a wharf. The seller said that the other 15 could be collected at the seller's own warehouse in Long Acre. When the buyer went to collect the 15 bags, it was found that they had been stolen. The court held that the seller had appropriated the goods to the contract with the implied assent of the buyer, so property had passed to the buyer and was at the buyer's risk.

Collins dictionary of law. . 2001.


property
Anything that is owned by a person or entity. (See also: community property, personal property, public property, real property, separate property)
Category: Real Estate & Rental Property

Nolo’s Plain-English Law Dictionary. . 2009.


property
n. All of the rights of ownership, including the rights of possession, to enjoy, to use, and to dispose of a chattel or a piece of land.
@ common property
Property held jointly by two or more persons, or property that belongs to all citizens.
@ incorporeal property
Property without tangible value, but that represents something of value, such as a stock certificate, which is just a piece of paper, but which indicates ownership of stock. Something of value.
@ intangible property
Property that has no physical existence, such as stock options or goodwill.
@ intellectual property
Property having to do with patents or trademarks.
=>> property.
@
@ public property
Community or state owned property that is not restricted to use by an individual or a select few, and over which the state or community has dominion and control.
=>> property.
@ real property
Land, real estate.
n. Land, including whatever is attached to its surface, such as buildings, trees, and so on; everything beneath its surface, such as minerals; and the air space above it. This is distinct from personal property, which is movable.
See also chattel, property.
@ tangible property
Property with physical form and extent.
=>> property.
@

Webster's New World Law Dictionary. . 2000.

property
n.
   anything that is owned by a person or entity. Property is divided into two types: "real property," which is any interest in land, real estate, growing plants or the improvements on it, and "personal property" (sometimes called "personalty"), which is everything else. "Common property" is ownership by more than one person of the same possession. "Community property" is a form of joint ownership between husband and wife recognized in several states. "Separate property" is property owned by one spouse only in a community property state, or a married woman's sole ownership in some states. "Public property" refers to ownership by a governmental body such as the federal, state, county or city governments or their agencies (e.g. school or redevelopment districts). The government and the courts are obligated to protect property rights and to help clarify ownership.

Law dictionary. . 2013.

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