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D

DONATION MORTIS CAUSA - Civil Law Term

A gift made in contemplation of death. A donation mortis causa is an act to take effect when the donor has died and by which he disposes of all or part of his property. The act is revocable.

DONEE

A person to whom a gift is made.

DONOR

A person who makes a gift.

DOWER

The legal rights that a widow possesses to her husband's estate.

DUAL AGENCY

Designates a broker's unethical acting for both buyer and seller in the same transaction without the consent or knowledge of both parties.

DUE ON SALE CLAUSE

The clause which allows the mortgagee the option of calling the mortgage's unpaid balance immediately due if the mortgagor sells or otherwise alienates the mortgage property. Also called the alienation clause. DURESS - Unlawful constraint or action against a person forcing him to perform some act against his will.

E

EARNEST MONEY

Initial payment made by purchaser of real estate as evidence of good faith.

EASEMENT

A right, privilege or interest which one party has in the land of another.

EASEMENT APPURTENANT

An easement that is attached to and runs with the land; it cannot exist apart from the particular land to which it is attached.

EASEMENT BY PRESCRIPTION

A method of acquiring a right to a portion of property by lapse of time, in the manner of adverse possession.


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