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Quiet title action
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Quiet title actionA court proceeding to remove a cloud on the title to real property.
RELATED TERMS--------------------------------------
Court
A body in government to which the administration of justice is delegated.
Proceeding
In its general acceptation, this word means the form in which actions are to be brought and defended, the manner of intervening in suits, of conducting them, the mode of deciding them, of opposing judgments and of executing.
Cloud
"Cloud" and the fuller and more freqent expression "cloud upon the title" import that there is in existence something which shows a prima facie right in a person to an interest in realty in the possession of another.
Title
1) Estates. A title is defined by Lord Coke to be the means whereby the owner of lands hath the just possession of his property. 2) Legislation That part of an act of the legislature by which it is known, and distinguished from other acts the name of the act. 3) Rights. The name of a newwpaper a book, and the like.
Real
1) A term which is applied to land in its most enlarged signification. Real security, therefore, means the security of mortgages or other incumbrances affecting lands. 2) In the civil law, real has not the same meaning as it has in the common law. There it signifies what relates to a thing, whether it be movable or immovable, lands or goods; thus, a real injury is one which is done to a thing, as a trespass to property, whether it be real or personal in the common law sense. A real statute is one which relates to a thing, in contradistinction to such as relate to a person.
Property
Property is commonly thought of as a thing which belongs to someone and over which a person has total control. But, legally, it is more properly defined as a collection of legal rights over a thing. These rights are usually total and fully enforceable by the state or the owner against others. It has been said that "property and law were born and die together. Before laws were made there was no property. Take away laws and property ceases." before laws were written and enforced, property had no relevance. Possession was all that mattered. There are many classifications of property, the most common being between real property or immoveable property (real estate such as land or buildings) and "chattel", or "moveable" (things which are not attached to the land such as a bicycle, a car or a hammer) and between public (property belonging to everybody or to the state) and private property.
SIMILAR TERMS--------------------------------------
Quiet cell
In the US penitentiary slang, a security cell with a double door, insulated from noise.
Quiet enjoyment
In leases there are frequently covenants by which the lessor agrees that the lessee shall peaceably enjoy the premises leased; this is called a covenant for quiet enjoyment. This covenant goes to the possession and not to the title.
Quietus
English law. A discharge; an acquittance.
PREVIOUS AND NEXT TERMS--------------------------------------
Quibble
A slight difficulty raised without necessity or propriety; a cavil.
Quick with child
med. jurisp. The motion of the foetus, when felt by the mother, is called quickening, and the mother is then said to be quick with child.
Quid pro quo
This phrase signifies verbatim, what for what. It is applied to the consideration of a contract.
Quidam
French law. Some, one; somebody. This Latin word is used to express an unknown person, or one who cannot be named.
Quiet enjoyment
In leases there are frequently covenants by which the lessor agrees that the lessee shall peaceably enjoy the premises leased; this is called a covenant for quiet enjoyment. This covenant goes to the possession and not to the title.
Quiet title action
Quietus
English law. A discharge; an acquittance.
Quintal
A weight of one hundred pounds
Quinto exactus
English law. The fifth call or last requisition of a defendant sued to outlawry.
Quit claim
1) Conveyancing. By the laws of Connecticut, it is the common practice there for the owner of land to execute a quit claim deed to a purchaser who has neither possession nor pretence of claim, and as by the laws of that state the delivery of the deed amounts to the delivery of possession, this operates as a conveyance without warranty. 2) Contracts. A release or acquittal of a man from all claims which the releasor has against him.
Quit rent
A rent paid by the tenant of the freehold, by which he goes quit and free; that is, discharged from any other rent.
RELATED TERMS--------------------------------------
Court
A body in government to which the administration of justice is delegated.
Proceeding
In its general acceptation, this word means the form in which actions are to be brought and defended, the manner of intervening in suits, of conducting them, the mode of deciding them, of opposing judgments and of executing.
Cloud
"Cloud" and the fuller and more freqent expression "cloud upon the title" import that there is in existence something which shows a prima facie right in a person to an interest in realty in the possession of another.
Title
1) Estates. A title is defined by Lord Coke to be the means whereby the owner of lands hath the just possession of his property. 2) Legislation That part of an act of the legislature by which it is known, and distinguished from other acts the name of the act. 3) Rights. The name of a newwpaper a book, and the like.
Real
1) A term which is applied to land in its most enlarged signification. Real security, therefore, means the security of mortgages or other incumbrances affecting lands. 2) In the civil law, real has not the same meaning as it has in the common law. There it signifies what relates to a thing, whether it be movable or immovable, lands or goods; thus, a real injury is one which is done to a thing, as a trespass to property, whether it be real or personal in the common law sense. A real statute is one which relates to a thing, in contradistinction to such as relate to a person.
Property
Property is commonly thought of as a thing which belongs to someone and over which a person has total control. But, legally, it is more properly defined as a collection of legal rights over a thing. These rights are usually total and fully enforceable by the state or the owner against others. It has been said that "property and law were born and die together. Before laws were made there was no property. Take away laws and property ceases." before laws were written and enforced, property had no relevance. Possession was all that mattered. There are many classifications of property, the most common being between real property or immoveable property (real estate such as land or buildings) and "chattel", or "moveable" (things which are not attached to the land such as a bicycle, a car or a hammer) and between public (property belonging to everybody or to the state) and private property.
SIMILAR TERMS--------------------------------------
Quiet cell
In the US penitentiary slang, a security cell with a double door, insulated from noise.
Quiet enjoyment
In leases there are frequently covenants by which the lessor agrees that the lessee shall peaceably enjoy the premises leased; this is called a covenant for quiet enjoyment. This covenant goes to the possession and not to the title.
Quietus
English law. A discharge; an acquittance.
PREVIOUS AND NEXT TERMS--------------------------------------
Quibble
A slight difficulty raised without necessity or propriety; a cavil.
Quick with child
med. jurisp. The motion of the foetus, when felt by the mother, is called quickening, and the mother is then said to be quick with child.
Quid pro quo
This phrase signifies verbatim, what for what. It is applied to the consideration of a contract.
Quidam
French law. Some, one; somebody. This Latin word is used to express an unknown person, or one who cannot be named.
Quiet enjoyment
In leases there are frequently covenants by which the lessor agrees that the lessee shall peaceably enjoy the premises leased; this is called a covenant for quiet enjoyment. This covenant goes to the possession and not to the title.
Quiet title action
Quietus
English law. A discharge; an acquittance.
Quintal
A weight of one hundred pounds
Quinto exactus
English law. The fifth call or last requisition of a defendant sued to outlawry.
Quit claim
1) Conveyancing. By the laws of Connecticut, it is the common practice there for the owner of land to execute a quit claim deed to a purchaser who has neither possession nor pretence of claim, and as by the laws of that state the delivery of the deed amounts to the delivery of possession, this operates as a conveyance without warranty. 2) Contracts. A release or acquittal of a man from all claims which the releasor has against him.
Quit rent
A rent paid by the tenant of the freehold, by which he goes quit and free; that is, discharged from any other rent.
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This dictionary contains 8526 terms.
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