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Glossary

We want to make it as easy as possible for you to do business with us.
We try and use plain english wherever we can. Unfortunately the law
like any other industy has its own language and we can't always promise
that we won't be using words that are second nature to us, but may not
be second nature to you.

To help you find your way around the maze of legal terminology we've
provided you with a short glossary of some of the legal terms which you
are more likely to come across in our correspondence and documentation.

Our list, some of which is adapted from www.nolo.com is not exhaustive
as we have not intended to provide a detailed legal dictionary. There are
a number of other excellent websites however which will assist you should
you need any further explanations beyond those in our glossary.

Click on the following link and you will find a legal dictionary which may not
keep you amused, but will keep you informed.

www.nolo.com

Easement

A right to use another person's real estate for a specific purpose. Common types of easement would include a right of way for the granting of easements for the placement of power services, utility trenches, water lines or sewer lines. The owner of a property subject to an easement is said to be burdened with the easement because he or she has now been allowed to interfere with its use.

Electronic Signature

A paperless method of entering into an electronic contract. To sign a contract electronically a person may be asked to type his or her name into a box, paste a scanned version of his or her signature into a box, click an I accept button, or use a key to encrypt (scramble) information that uniquely identifies the signer using a method called public key infrastructure (PKI).

Encumbrance

Something noted on the title to real estate which restricts the owner from full ownership e.g. a mortgage or caveat.

Enduring Deed of Guardianship

A legal document that can be used to give someone permission to make medical decisions for you if you become unable to make those decisions yourself.

Equitable Estoppel

A type of estoppel that prevents a person from adopting a position in court that contradicts his or her past statements or actions when that contradictory stance would be unfair to another person who relied on the original position.

Estate (Deceased)

The assets and belongings of a person who has died.

Estate Planning

The art of continuing to prosper when you are alive and passing your property to your loved ones with a minimum of fuss and expense after you die. Planning your estate will involve discussions with Financial Planners, Accountants, and Lawyers and will involve Wills, Trusts, Enduring Powers of Attorney, and Enduring Deeds of Guardianship.

Estoppel

A legal principle that prevents a person from asserting or denying something in court that contradicts what has already been established as fact.

Exchange of Contract for Sale of Land

Most often used in relation to Contracts for Sale of Land and referred to simply as exchange. It is the process of swapping two signed copies of the contract between the solicitor for the seller and the solicitor for the buyer. Both copies have to be identical. In the case of sale of land a deposit is paid on exchange. Exchange can also refer to other commercial contracts or deeds.

Executor/Executrix

The person named in a Will to handle the property of someone who has died. The executor/executrix must collect and manage the property, pay debts and taxes, and then distribute what is left as specified in the Will. In addition the executor/executrix handles any probate court proceedings and takes care of day to day tasks such as terminating leases and credit cards and notifying people and organisations of the death. Executor/Executrix is also sometimes called a personal representative.

Exemplary Damages

See 'Damages'.

Exhibit

A document or object used as evidence in court and sometimes referred to in affidavits. See 'Annexure'.

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