— The Glossary

42 terms, plainly defined.

Concept-by-concept legal definitions written by Yates Anderson attorneys. Each entry cites the governing statute or case.

• Riparian rights — Riparian rights are the rights of a landowner whose property borders a flowing watercourse — typically a river or stream — to reasonable use of that water.
• Littoral rights — Littoral rights are the rights of a landowner whose property borders a non-flowing body of water — typically a lake, sea, or ocean — to access, use, and accretion.
• Adverse possession — Adverse possession is the doctrine that allows someone who openly and continuously uses another's land for the statutory period to acquire ownership of it.
• Prescriptive easement — A prescriptive easement is a right to use another's land — typically for access — acquired through open, continuous, and hostile use for the statutory period.
• Boundary by acquiescence — Boundary by acquiescence is an Alabama doctrine that fixes the boundary between two parcels at a long-recognized line — typically a fence — even when the deed describes a different line.
• Regulatory taking — A regulatory taking occurs when government regulation burdens private property so severely that the property is effectively taken from its owner, triggering the Fifth Amendment's just-compensation requirement.
• Inverse condemnation — Inverse condemnation is the cause of action a property owner brings when the government has effectively taken property without going through formal eminent-domain proceedings.
• Sheetz v. County of El Dorado — Sheetz v. County of El Dorado is the U.S. Supreme Court's 2024 decision confirming that legislatively-imposed development fees and exactions are subject to Fifth Amendment Nollan/Dolan scrutiny.
• Nollan/Dolan test — The Nollan/Dolan test is the constitutional standard for development exactions: the condition must have an essential nexus to the development's impact AND be roughly proportional to that impact.
• Penn Central balancing test — Penn Central is the multi-factor test the U.S. Supreme Court uses to identify regulatory takings outside the per-se categories — weighing economic impact, interference with investment-backed expectations, and the character of the government action.
• First-party bad faith — First-party bad faith is a tort claim against an insurer that mishandles its own insured's claim — separate from the contract dispute, with damages that can exceed policy limits.
• Brechbill standard — The Brechbill standard is Alabama's framework for first-party bad faith claims — recognizing both 'normal' bad faith (no debatable reason) and 'abnormal' bad faith (intentional misconduct beyond mere debate).
• Florida SB 2A — Florida SB 2A is the 2022 property-insurance reform that imposed a one-year notice deadline for new claims, restricted attorney's-fee shifting, and tightened assignment-of-benefits rules.
• Actual cash value (ACV) — Actual cash value is the depreciated value of damaged property at the time of loss — replacement cost minus accumulated depreciation.
• Replacement cost value (RCV) — Replacement cost value is the cost to replace damaged property with new property of like kind and quality, with no deduction for depreciation.
• Anti-concurrent causation — An anti-concurrent causation clause is a policy provision excluding coverage if any portion of the loss was caused by an excluded peril — even where a covered peril also contributed.
• Examination under oath (EUO) — An examination under oath is a sworn statement an insurer may demand from its insured under most property policies — a contractual prerequisite to coverage that operates much like a deposition before any lawsuit.
• Structural Integrity Reserve Study (SIRS) — SIRS is a Florida requirement under Chapter 718 for most condominium associations with buildings three or more stories — a study analyzing structural integrity of major components and a funding plan for reserves.
• Florida Chapter 718 — Florida Chapter 718 is the Florida Condominium Act — the statute governing condominium association formation, governance, finances, and dispute resolution.
• Florida Chapter 720 — Florida Chapter 720 is the Florida Homeowners' Association Act — the statute governing HOA formation, governance, covenant enforcement, and assessments.
• Alabama Uniform Condominium Act — The Alabama Uniform Condominium Act (Ala. Code §§ 35-8A-101 et seq.) is Alabama's framework for condominium creation, governance, and unit-owner rights, modeled on the Uniform Condominium Act.
• Developer turnover — Developer turnover is the transition of association control from the developer to unit owners at a defined milestone, typically tied to percentage of units sold.
• Mechanics' lien — A mechanics' lien is a statutory security interest in real property held by contractors, subcontractors, and suppliers who furnished labor or materials to improve the property.
• Article 13A (Alabama Builders' Article) — Article 13A is the Alabama statute (Ala. Code §§ 6-5-220 et seq.) governing claims against builders — including a seven-year statute of repose for most construction-defect claims.
• Spearin doctrine — The Spearin doctrine holds that an owner who supplies plans and specifications impliedly warrants their adequacy — a contractor that builds in compliance with defective owner-provided specs is not liable for the resulting failure.
• Statute of repose — A statute of repose is an absolute cutoff on liability that runs from a triggering event — typically substantial completion of construction — without regard to when the injury was discovered.
• Miller Act — The Miller Act (40 U.S.C. § 3131) requires prime contractors on federal construction projects over $150,000 to post payment and performance bonds — and gives unpaid subcontractors a path to sue on the payment bond.
• Title VII — Title VII of the Civil Rights Act of 1964 prohibits employment discrimination based on race, color, religion, sex, or national origin — applicable to employers with 15 or more employees.
• Fair Labor Standards Act (FLSA) — The Fair Labor Standards Act (29 U.S.C. § 201 et seq.) is the federal wage-and-hour statute — minimum wage, overtime for non-exempt employees, child labor, and the exemption framework.
• Defend Trade Secrets Act (DTSA) — The Defend Trade Secrets Act (18 U.S.C. § 1836) is the 2016 federal statute creating a private cause of action for trade-secret misappropriation — with federal jurisdiction, attorney's-fee recovery for willful misappropriation, and ex parte seizure orders in extreme cases.
• Easement — An easement is a non-possessory right to use another person's land for a specific purpose — most commonly access, utilities, or drainage.
• Quiet title action — A quiet title action is a lawsuit to resolve competing claims to real property and obtain a court judgment establishing clear, marketable ownership.
• Specific performance — Specific performance is an equitable remedy compelling a party to perform a real-estate contract as written, rather than paying money damages for breach.
• Eminent domain — Eminent domain is the government's constitutional power to take private property for public use, conditioned on payment of just compensation.
• Just compensation — Just compensation is the constitutional measure of damages owed to a property owner when government exercises eminent domain — generally the property's fair market value at the time of taking.
• Assignment of benefits (AOB) — An assignment of benefits transfers an insured's right to receive insurance proceeds to a third party — typically a contractor — who then deals with the carrier directly.
• Managed repair endorsement — A managed repair endorsement is a policy provision letting the carrier choose the contractor that performs covered repairs — limiting the insured's choice of repair vendor.
• Named-storm sublimit — A named-storm sublimit is a reduced coverage cap that applies specifically to damage from hurricanes and tropical storms named by the National Hurricane Center.
• Special assessment — A special assessment is a one-time or limited-term charge an HOA or condominium board levies on owners — beyond regular dues — to fund specific expenses or major repairs.
• Architectural review — Architectural review is the process by which an HOA or master association approves or denies owner changes to the exterior of a property — buildings, fences, landscaping, signs, paint colors.
• Notice to owner (NTO) — A Notice to Owner is a Florida Construction Lien Law prerequisite — subcontractors, materialmen, and laborers without direct contract with the owner must serve it within 45 days of first work to preserve lien rights.
• Substantial completion — Substantial completion is the date construction work is sufficiently complete to be used for its intended purpose — typically marked by a certificate, and the trigger for statutes of repose and warranty periods.