property & real estate law

Shelley's case

See: rule in Shelley's case.

shifting executory interest

An executory interest that follows an interest that another grantee held.

See: Future Interest

short sale

Short sale in real estate refers to a sale of a house when the sale price is less than the outstanding mortgage on the property. Short sales occur when the homeowner is in financial trouble and needs the home sold quickly. In order for a...

small estate

Small estate is a classification of estates with limited value that can go through shorter probate or avoid probate completely. Probate can be a long and very expensive process for all parties involved. States created small estate...

special power of appointment

A special power of appointment gives the donee power to give the decedent’s assets to a select group of individuals. The objects of the power in a special power of appointment cannot be the donee herself, her estate, her creditors or creditors of her...

spite fence

A spite fence is a fence (whether a division fence or otherwise) built maliciously, with the sole purpose or intent of annoying, injuring, or spiting an adjoining owner (commonly a neighbor). For example, a spite fence might block the...

spot zoning

Spot zoning refers to when a piece of property or groups of property have special zoning laws applied to them that differ from the zoning laws surrounding them. The practice of spot zoning can be very controversial and may be illegal. Some...

spousal share

Spousal share (also called forced, elective, or statutory share) refers to the amount state laws entitle a spouse to after their spouse passes regardless of what is in a will. Spousal shares prevent spouses from changing the amount through a...

springing executory interest

An executory interest that follows an interest that the grantor held.

See: Future Interest

springing interest

Springing interest is an interest in property where the person owns the property after something occurs or at a specified time. Springing interests often appear in wills and estates where a person inherits property only after something occurs...

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