Chapter 13: Real Property & Intellectual Property

Front 1

real property

Back 1

land, buildings attached to land and fixtures attached to land or buildings

Front 2

chattels

Back 2

tangible, moveable personal property that can be measured and weighed; also known as goods

Front 3

copyright

Back 3

gives owner monopoly over use of created work, prohibiting copying or reproduction without permission

Front 4

patent

Back 4

gives inventory right to produce, sell or profit from specific invention

Front 5

trademarks

Back 5

a term, symbol, design or combination of these that identifies a product or server and distinguishes it from that of a competitor

Front 6

industrial designs

Back 6

registration of a unique shape, pattern or ornament under the industrial design act

Front 7

trade secret

Back 7

confidential information that gives a businessperson a competitive advantage

Front 8

estate in land

Back 8

right to uninterrupted possession of land for a time. the amount of time is determined by the nature of the estate

Front 9

fee simple

Back 9

the right to use land for an infinite period subject only to local regulations on use - highest form of ownership

Front 10

life estate

Back 10

an interest in land ending at death

Front 11

reversionary interest

Back 11

right of original owner to retake possession of property upon death of life tenant

Front 12

remainder-man

Back 12

third party with the right to the remainder of the fee simple after the death of a life tenant

Front 13

homestead rights

Back 13

rights giving a spouse a claim to a substantial portion of family property

Front 14

easement

Back 14

right to use a portion of another's land for a particular purpose as in a "right of way"

Front 15

right of way

Back 15

right to cross another's land. the exclusive right to the route across the land

Front 16

dominant tenement

Back 16

property that has the advantage of an easement

Front 17

statutory easement

Back 17

easements giving utilities or other bodies rights to run power or sewer lines across private property

Front 18

building scheme

Back 18

set of restrictions placed on all the properties in a large development

Front 19

tenancy in common

Back 19

people shared an undivided interest in property with each owning a portion. if one of the two parties dies his or her interest goes to his estate

Front 20

joint tenancy

Back 20

people each own the entire property. if one of the two parties dies his/her interest goes to the survivor

Front 21

severance

Back 21

owners removal of chattel he or she has affixed; separation or division of joint ownership

Front 22

agreement for sale

Back 22

includes right to retake possession if person buying land fails to pay installments

Front 23

deed of conveyance

Back 23

document transferring an interest in property

Front 24

land titles system

Back 24

-central registry prepares certificate of title which determines interest
-binding evidence of transaction
-government guarantees title

Front 25

certificate of title

Back 25

conclusive evidence as to the ownership of a property

Front 26

cooperative

Back 26

company composed of members holding shares in it; method of acquiring residential accommodation

Front 27

mortgage

Back 27

lender of money to finance the purchase holds title to property until it is paid for and can take possession in the event of default

Front 28

equity of redemption

Back 28

mortgagor retains right to redeem after defaulting on mortgage payments

Front 29

foreclosure

Back 29

mortgagee takes title to and possession of property after a fixed time for redemption has elapsed

Front 30

periodic tenancy

Back 30

automatically renewing tenancy with no specific termination date

Front 31

leasehold estates

Back 31

land leased to a tenant for a definite period of time

Front 32

tenancy at sufferance

Back 32

situation in which tenant fails to leave after lease has expired and owes compensation to the landlord

Front 33

abatement

Back 33

a court order to reduce the rent to be paid to compensate for breach of lease by landlord

Front 34

distress

Back 34

seizure by landlord of any property left by tenant and holding of it until the rent is paid or sale of it to pay rent owing

Front 35

fungibles

Back 35

goods being of such a nature that one part or quantity may be replaced by another equal part or quantity of similar quantity

Front 36

moral rights

Back 36

authors right to prohibit others including any new owner of a creative work, from distorting or degrading it

Front 37

fair dealing

Back 37

use of copyright material for research or private study, criticism or review, or news reporting

Front 38

balance of convenience

Back 38

determination of who will suffer the greatest injury if the damage were allowed to continue

Front 39

anton piller order

Back 39

court order to seize material from manufacturer or distributor

Front 40

interlocutory injunction

Back 40

stops infringement before trial

Front 41

delivery up

Back 41

defendant must deliver all copies of infringing items in its possession or control to copyright owner

Front 42

statutory damages

Back 42

enables court to award damages considered just, limited between $500 - $20,000 when difficult to determine exact losses

Front 43

enhanced injunction

Back 43

court order to refrain wrongdoer from future infringements of copyright in other works owned by plaintiff

Front 44

summary procedures

Back 44

court makes decision based on affidavit evident, more expedient and less expensive