A right over a neighbour's land or waterway. An easement is a type of servitude. For every easement, there is a dominant and a servient tenement, or piece of land . Rights-of-way are the most common easements, but others include the right to tunnel under another's land, to emit smoke or fumes, to access a dock and to use a well. An easement that is not used for a long time may be lost.
Wages, benefits or profits received as compensation for holding office or employment.
Writing on a document. With a bill of exchange, an endorsement is a signature on the back of the bill by which the person to whom the note is payable transfers the right of payment to the bearer or to a specific person. An endorsement may restrict payment to one person only, and prohibit any further endorsements. Endorsement of claim
Concise summary of the facts supporting a legal claim.
Transfer of money or property (usually as a gift) to a charitable organisation for a specific purpose, such as research or a scholarship.
A liability imposed on the owner of a property, which is then binding on subsequent owners.
The underneath section of a roof overhang.
Deeds are usually drawn up in draft form for approval by each party’s solicitors. When the deeds
are approved, sometimes after amendments, the final drafts are then engrossed for all parties to
sign.
These are not as popular as they were, and involve both building society and an insurance
company. Repayments to the building society are in respect of interest only.
The capital sum
outstanding remains constant throughout the term, and is repaid by means of an endowment policy taken out with the insurance company when the policy matures or in the event of death of the policy holders.
The law of equity developed to temper the rigid interpretation given by medieval English judges to the common law. For hundreds of years, there were separate courts in Ireland for common law and equity (known as courts of Chancery). Where decisions conflicted, equity prevailed. In 1877, the two systems were merged. The principles of equity, based on fairness, include "equity will not suffer a wrong to be without a remedy" and "equity looks on the intent, rather than the form".
The difference between the value of a property and the amount of mortgage owed.
Rule of evidence which prevents a person from relying on facts when, by deed, word or action, he has led another person to act to his detriment on those facts. Estoppel is a defence, not a cause of action. Anyone who wishes to rely on the defence of estoppel to defend an action must plead it.
Testimony of witnesses at a trial, or the production of documents or other materials to prove or disprove a set of facts. Evidence may be direct or circumstantial (that is evidence from which a fact may be presumed). The best evidence available - such as original, rather than copy, documents - must generally be presented to a court.
A term given to a right which someone may enjoy over another property. These can be rights of
way, drainage rights, or more likely access to a neighbour’s land in order to carry out repairs to their own property.
Questioning of witnesses under oath by the party who called those witnesses (also called direct examination). After the examination-in-chief, the other side's lawyer may question the witnesses in cross-examination. Thereafter, the first party may re-examine them, but only about issues raised during the cross-examination.
Person appointed by a testator to administer a will. The executor is a personal representative whose duties include burying the dead, proving the will, collecting in the estate, paying any due debts and distributing the balance according to the wishes of the deceased.
Document or object shown to a judge or jury as evidence in a trial. Each exhibit is given a number or letter as it is introduced, for future reference during the trial.
Trust specifically created by a settlor, usually in a document such as a will, although it can be oral. An express trust which deals with land must be in writing.