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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

Rainmaker

A lawyer who drums up a lot of business for a law firm by bringing in clients. The subject of one of John Grisham's novels.

Real Estate

Land and the property permanently attached to it, such as building, houses, mobile homes, fences and trees. In legalese, real estate is also called real property.

Real Estate Agent

A foot soldier of the real estate business who shows houses and does most of the other tasks associated with selling real estate. An agent must have a licence or be supervised by an agent with a licence. Most agents in New South Wales will charge a flat commission (usually about 2%) together with advertising costs.

Recitals

Paragraphs at the beginning of a document (usually an agreement or deed) which explain the reason for the document being prepared.

Remainderman

Someone who will inherit property in the future. For instance if someone dies and leave his home to Helen for life, and then to Lorna Lorna is a remainderman because she will inherit the home in the future after Helen dies.

Res Ipsa Loquitur

A Latin term meaning the thing speaks for itself. Res ipsa loquitur is a legal doctrine or rule of evidence that creates a presumption that a defendant acted negligently simply because a harmful accident occurred. The presumption arises only if the thing that caused the accident was under the defendant's control, the accident could happen only as a result of a careless act, and the plaintiff's behaviour did not contribute to the accident.

Rescind

To revoke or cancel.

Residuary Estate

The property that remains in a deceased persons estate after all specific gifts are made and all debts, taxes, administrative fees, probate costs and court costs are paid. The residuary estate also includes any gifts under a Will that fail or lapse.

Respondent

See 'Party'.

Rule Against Perpetuities

An exceedingly complex legal doctrine that limits the amount of time that property can be controlled after death by a person's instructions in a Will. For example a person might not be allowed to leave property to a husband for his life, then to her children for their lives, then to her grandchildren. The gift would potentially go to the grandchildren a point too remote in time. In New South Wales pursuant to the Perpetuities Act 1984 the perpetuity period applicable to an interest created by a settlement shall be 80 years from the date on which settlement takes effect.

Ruling

Any decision a Judge makes during the course of a law suit. It may relate to for example an argument as to the admissibility of evidence. The Judge makes a ruling as to whether the evidence is admissible. That ruling itself may be the subject of an appeal.

Running With the Land

A phrase used in property law to describe the right or duty that remains with a piece of property no matter who owns it.

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