Descriptionary

nuncupative will a dying declaration or oral will given by an ill person incapable of drawing up a for­mal will.

probate a proceeding in which the elements of a will are authenticated and found legal.

probate court a court that deals with the probate of wills.

testacy leaving a valid will upon death. testator one who makes a will.

PROPERTY AND REAL ESTATE LAW

abandonment the relinquishing of rights or prop­erty by one person to another.

appurtenant an easement, covenant, or other bur­den attached to a property.

burden any restriction limiting the use of one's land, such as restrictive zoning or a covenant.

chattel personal property; movable property or belongings, as distinguished from real estate.

clear title a title without encumbrances or limita­tions that would make legality questionable.

cloud on title any problem with a title to real estate that impairs or defeats clear title.

community property property acquired by the combined efforts of husband and wife during their marriage.

conservator a person appointed by the court to care for property owned by one deemed incapable of man­aging the property.

covenant a binding agreement to do or not to do something, often incidental to a deed.

covenantee the person a covenant is intended for.

covenantor the person who makes a covenant.

easement the granted right to use another person's land.

eminent domain the right of the state to take pri­vate land for public use.

encumbrance any burden, such as an easement, covenant, or lien on the title of a property.

en ventre sa mere the law of property providing that an unborn child or fetus has the same rights as one who has already been born.

postnuptial agreement an agreement entered into by a husband and wife that determines how assets will be distributed in the event of death or divorce.

prenuptial agreement an agreement entered into by a couple intending to marry that determines how assets will be distributed in the event of divorce or death.

property settlement a division of property between a divorcing husband and wife.

real property land, including any buildings thereon.

run with the land covenants and their passing of burdens or benefits on to succeeding owners of the property, even though they didn't originally contract for them.

subdivision a dividing of land into separate parcels.

tenancy-at-will an agreement between landlord and tenant that works as a kind of open-ended lease in which tenancy may be terminated at any time upon 30-day written notice by either party.

title proof of ownership or possession of property.

title search a search through public records to estab­lish ownership of a property and any liens, encum­brances, and so on, on that property.

abracadabra originally, a magic word derived from the name of the gnostic deity Abraxas. When chanted or worn around the neck in the form of let­ters arranged in a pyramid, it was thought to prevent illness or cure a fever.

abraun a talisman made of wood or mandrake, carved into the shape of a human and dressed; used to protect the home from evil.

absent healing a form of faith healing in which healing powers are mentally projected to a remote person who is ill.

adept one who is highly accomplished in the magi­cal fields.

aeromancy divination by reading objects in the sky, such as clouds or comets.

agent one who is the subject or focus of a haunting, or who may unwittingly cause a haunting.

akasha a mystical fifth element.

akashic record the memory of all of human history, including thoughts and events, stored in the astral plane.

alchemist one who practices alchemy.

alchemy the ancient pseudoscience of turning base metals—by chemical and spiritual means—into gold or silver. Also, the search for an elixir for human immortality.

alectryomancy divining an answer to a question through the order in which a bird reveals letters by eating the grains set on top of them.

aleuromancy a divination technique in which mes­sages are rolled into balls of flour and given to sub­jects at random, still practiced today in the form of fortune cookies.

All Hallow's Eve Halloween. In ancient times, the Celtic and Druid New Year. Also, the sabbat of Sam- hain, a gathering of witches held on October 31 to mark the seasonal transition.

almadel a talisman made of wax and inscribed with images, symbols, or the names of angels.

alomancy a divination technique that uses the sprin­kling of salt to create patterns which can be read.

altar a table, tree stump, flat stone, or other place where Wiccan rituals are performed.