Words, Phrases & Definitions



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C

C.C. - Civil Code.

CC&Rs - Covenants, Conditions & Restrictions -- detailed limitations applying to the use or enjoyment of real property.

C.C.P. - Code of Civil Procedure.

c.t.a. - With will annexed.

Capita - Heads; persons.

Caption - The heading of a title or document.

Cause - An action or a suit.

Caveat - Let him/her beware.

Caveat Emptor - Let the buyer beware.

Certificate of Sale - Evidence of a purchaser's acquisition of legal title at a judicial sale, subject to redemption rights, if any.

Certificate of Title - Certified statement as to land ownership based upon examination of record title.

Certiorari - A writ from a higher court to a lower court directing the forwarding of a certified record of a proceeding up for review.

Cestui Que Trust - The person for whose benefit property is held in trust.

Cestui Que Use - The person for whose use land was granted to another.

Cestui Que Vie - The person for the duration of whose lifetime an estate has been granted.

Chain of Title - A chronological list of documents comprising the record history of title to a specific parcel of real property.

Change of Venue - The removal of a cause for trial from one county to another.

Charter City - Generally, a city organized under a charter.

Chattel - An item or article of personal property.

Chattel Mortgage - Obsolete name for mortgage of personal property.

Chattel Real - An interest in real estate which is of a lessor degree than a freehold estate. For example, an estate at sufferance.

Chose in Action - A personal right not reduced to possession but recoverable by an action at law.

Civil Law - Law of the Roman Empire, it is distinguished from the Common Law of England.

Class Action - A lawsuit in which plaintiff represents himself or herself and all other persons similarly situated.

Clearing House - An office where bankers daily settle the balance of their accounts with each other.

Cloud on Title - A semblance or claim of title that is in fact invalid.

Co-Administrator - One of two or more administrators.

Code - A collection of laws.

Codicil - A testamentary disposition subsequent to a will altering, explaining, adding to, subtracting from, or confirming it, but not revoking it.

Co-Executor - One of two or more executors.

Co-Insurance - Insurance issued by two or more insurers.

Collateral - Property pledged as security for a debt; also, indirect, when referenced to blood relationship as in 'collateral heirs'.

Collateral Assignment - Transfer of an interest in personal property for security purposes. A collateral assignment is distinguished from an absolute assignment mainly because once the debt is paid that was secured by the collateral assignment, the assignment is extinguished.

Color of Title - That giving the appearance of title.

Commercial Acre - The portion of an acre of subdivided land remaining after deducting areas devoted to streets, sidewalks, etc.

Commissioner's Deed - Deed executed by a court appointed person in consummation of a sale ordered by the court.

Commitment - A pledge, promise, or firm agreement; also, a title insurer's contractual obligation to insure title to real property.

Common Law - The unwritten body of English law founded upon customs and precedents.

Community Property - Property acquired by a husband and wife, or either, during marriage, when not acquired as the separate property of either.

Competent - Legally qualified, capable of contracting.

Composition - Agreement between a debtor and creditors whereby the latter mutually agree to accept a certain percentage less than is due each one.

Conclusive Presumption - Legal inference that cannot be contradicted.

Condemnation - The taking of private property for a public use. The exercise of power of eminent domain.

Condemnation Guarantee - An evidence of title issued to a governmental agency naming persons to be made defendants in an action in eminent domain.

Condition - A qualification or restriction annexed to a conveyance of lands, whereby it is provided that upon the happening of a particular event an estate shall commence, be enlarged, or be defeated.

Condition Precedent - A condition that must be fulfilled before a right accrues or an estate vests.

Condition Subsequent - A condition that defeats a previously accrued right or vested estate.

Conditional Sale Contract - Contract of sale where title remains in seller until all conditions of the contract have been fulfilled.

Condominium - The composite of individual ownership and exclusive possession of a cube of space in a multi-unit building plus a collective ownership of and a collective right of possession to facilities common to all separately owned units.

Confession of Judgment - Entry of judgment without formality of proceedings upon debtor's admission and with debtor's consent.

Confirmation of Sale - Court approval of sale by a personal representative, guardian, or conservator.

Congressional Grant - A grant of public land of the United States by an act of Congress.

Conservatee - A person unable to manage self, property, or self and property and for whom the probate court has appointed a conservator.

Conservator - A person appointed by probate court to take care of the person, property, or person and property of conservatee.

Consideration - The value inducing another person to enter into a contract.

Constituent Corporation - A corporation merged or consolidated with one or more other corporations.

Constructive - Inferred or implied.

Constructive Notice - Notice given by public records.

Constructive Trust - Trust imposed by law to redress a wrong or to prevent unjust enrichment.

Contiguous - In actual close contact; touching, adjacent, near.

Contingent - Dependent upon an uncertain future event.

Contingent Beneficiary - A person who may share in an estate or trust depending upon the happening of an event.

Contingent Interest - An interest which may vest depending upon the happening of an event.

Contour - Surface configuration of land.

Contract - An agreement between two or more parties to do, or not to do a particular act.

Contract of Sale - An agreement entered into for the sale and purchase of property.

Convey - To transfer title to property from one person to another.

Conveyance - A written instrument transferring title to or an interest in land.

Corporate Seal - A seal attached to an instrument executed by a corporation.

Corporation - An artificial being created by law and endowed with certain rights, privileges, and duties of natural persons.

Corporation Sole - A corporation consisting of a single person and his/her successor in office.

Corporeal Hereditaments - Substantial permanent objects which may be inherited.

Corp. Code - Corporations Code.

Corpus - Property comprising the assets of a trust.

Cotenancy - Ownership by two or more persons.

Co-Trustee - One of two or more trustees.

Courses and Distances - Description of land by metes and bounds.

Covenant - Agreement or promise.

Curtesy - The common law interest of a husband in estate of deceased wife.

Custodia Legis - In the custody of the law.

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