PROPERTY

Ab intestato

Definition

A Latin term meaning "by intestacy." The term refers to laws governing the succession of property after its previous owner dies without a valid will.

AB Trust

Definition

An irrevocable trust created by a married couple to avoid probate and minimize federal estate tax. An AB trust is created by each spouse placing property into a trust and naming someone other than his or her spouse as the final beneficiary of...

Abandoned Application

Definition

Refers to the abandonment of a patent or trademark application. An application is removed from the docket of pending applications at the U.S. Patent and Trademark Office when the applicant (either directly or through his attorney or agent)...

Abandoned Property

Abandoned property: an overview

Personal property left by an owner who intentionally relinquishes all rights to its control. Real property may not be abandoned. See Adverse Possession.

At common law, a person who finds abandoned property may...

Abandonment (of Trademark)

Definition

Abandonment of a trademark occurs when the owner of the trademark deliberately ceases to use the trademark for three or more years, with no intention of using the trademark again in the future. When a trademark is abandoned, the trademark...

Abatement Clause

Definition

Provision in a lease agreement that releases the tenant from paying rent if an act of God makes occupancy impossible or otherwise precludes the property from being used.

See alsoAbatement

Abercrombie Classification

Definition

In the law of branding, a characterization scheme of trade designations in increasing order of distinctiveness: generic, descriptive, suggestive, and arbitrary or fanciful.

See alsoIntellectual propertyTrademark

Abeyance

Definition

A situation in which the legal owner to real estate is uncertain and the determination of the true owner is pending.

Abnormally Dangerous Activity

DEFINITION

In tort law, an activity that (1) is not of common usage, and (2) creates a foreseeable and highly significant risk of physical harm even when reasonable care is exercised by all actors. See Restatement (Third) of Torts § 20(b) (2009). A...

Absolute

Definitions

1) Property: Used in property law to describe an estate that is free from any limitations at all. Only a fee simple may be absolute.

2) Divorce: An absolute divorce is a final judgment of divorce that dissolves the marriage and allows...

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