Title 42 — Real Property.
57 chapters · 1,018 sections in this title.
D.C. Code § 42-508 Estate in expectancy
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An estate in expectancy is either a reversion or a future estate.
D.C. Code § 42-509 Reversions
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A reversion is the residue of an estate left in the grantor who has conveyed, or in the heirs of the devisor who has devised a particular estate less than his own, and which residue returns to his or their possession on the expiration of the particular estate.
D.C. Code § 42-510 Future estates — Commencement
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A future estate is one limited to commence at a future day, either without the intervention of a precedent estate or after the expiration or determination of a precedent estate created at the same time and by the same conveyance or devise.
D.C. Code § 42-511 Future estates — Remainder and conditional limitation
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If it is to commence upon the full expiration of such precedent estate, it is a remainder and may be transferred by that name. If it is to commence on a contingency which, if it happen, will abridge or determine such precedent estate before its expiration, it shall be known as a …
D.C. Code § 42-512 Future estates — Vested and contingent
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A future estate is vested when there is a person in being who would have an immediate right to the possession of the land upon the expiration of the intermediate or precedent estate, or upon the arrival of a certain period or event when it is to commence in possession. It is cont…
D.C. Code § 42-513 Future estates — Alternative
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Two or more future estates may be created to take effect in the alternative, so that if the first in order shall fail to vest the next in succession may be substituted for it and take effect accordingly.
D.C. Code § 42-514 Expectant estates — No defeat or bar unless provided for at creation
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No expectant estate can be defeated or barred by any alienation or other act of the owner of the intermediate or precedent estate, nor by any destruction of such precedent estate, by disseizin, forfeiture, surrender, merger, or otherwise, except when such destruction is expressly…
D.C. Code § 42-515 Expectant estates — Descendible, devisable, and alienable
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Expectant estates shall be descendible, devisable, and alienable in the same manner as estates in possession.
D.C. Code § 42-516 Tenancies in common, tenancies by the entireties, and joint tenancies
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(a) Every estate granted or devised to 2 or more persons in their own right, including estates granted or devised to spouses or domestic partners, as defined in § 32-701(3), shall be a tenancy in common, unless expressly declared to be a joint tenancy; but every estate vested in …
D.C. Code § 42-517 Coparcenary estates abolished
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There shall be no estate in coparcenary in the District, and where 2 or more persons inherit from an intestate they shall be tenants in common.
D.C. Code § 42-518 Estates for years
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An estate for a determined period of time is an estate for years.
D.C. Code § 42-519 Estates from year to year
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An estate expressed to be from year to year shall be good for 1 year only.
D.C. Code § 42-520 Estates by sufferance
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All estates which by construction of the courts were estates from year to year at common law, as where a tenant goes into possession and pays rent without an agreement for a term, or where a tenant for years, after the expiration of his term, continues in possession and pays rent…
D.C. Code § 42-521 Estates from month to month or from quarter to quarter
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An estate may be from month to month or from quarter to quarter, or, as otherwise expressed, it may be by the month or by the quarter, if so expressed in writing.
D.C. Code § 42-522 Estates at will; termination; creation
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An estate at will is one held by the joint will of lessor and lessee, and which may be terminated at any time, as herein elsewhere provided, by either party; and such estate shall not exist or be created except by express contract; provided, however, that in case of a sale of rea…
D.C. Code § 42-523 Provisions applicable to personal property
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All the provisions of this chapter and of §§ 42-302 to 42-304 [repealed], 42-703, and 42-704 shall apply to personal property generally except where from the nature of the property they are inapplicable.
D.C. Code § 42-601 Deed, mortgage, and lease forms
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The following forms or forms to the like effect shall be sufficient, and any covenant, limitation, restriction, or proviso allowed by law may be added, annexed to, or introduced in the said forms. Any other form conforming to the rules herein laid down shall be sufficient: FEE SI…
D.C. Code § 42-602 Deeds of corporations; formal requisites; acknowledgment
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The deed of a corporation shall be executed and acknowledged either (1) by an attorney-in-fact appointed for that purpose or (2) without appointment, by its president or a vice-president if also attested by the secretary or assistant secretary of the corporation.
D.C. Code § 42-603 “Covenant” binds covenantor, covenantee, and their privies
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When, in any deed, the word “covenant” is used, such word shall have the same effect as if the covenant was expressed to be by the covenantor, for himself, his heirs, devisees, and personal representatives, and shall be deemed to be with the grantee or lessee, his heirs, devisees…
D.C. Code § 42-604 General warranty
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A covenant by the grantor, in a deed conveying real estate, “that he will warrant generally the property hereby conveyed,” or a grant of real estate in which the granting words are followed by the words “with general warranty,” shall have the same effect as if the grantor had cov…
D.C. Code § 42-605 Special warranty
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A covenant by a grantor in a deed conveying real estate, “that he will warrant specially the property hereby conveyed,” or a grant of real estate in which the granting words are followed by the words “with special warranty,” shall have the same effect as if the grantor had covena…
D.C. Code § 42-606 Covenant of quiet enjoyment
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A covenant by the grantor in a deed of land, “that the said grantee shall quietly enjoy said land,” shall have the same effect as if he had covenanted that the said grantee, his heirs, and assigns, shall, at any and all times after March 3, 1901, peaceably and quietly enter upon,…
D.C. Code § 42-607 Covenant against having encumbered land
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A covenant by a grantor, in a deed of land, “that he has done no act to encumber said land,” shall be construed to have the same effect as if he had covenanted that he had not done or executed or knowingly suffered any act, deed, or thing whereby the land and premises conveyed, o…
D.C. Code § 42-608 Covenant for further assurances; contracts to contain soil characteristics information
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(a) A covenant by a grantor, in a deed of land, “that he will execute such further assurances of said land as may be requisite,” shall have the same effect as if he had covenanted that he, his heirs or devisees, will, at any time, upon any reasonable request, at the charge of the…
D.C. Code § 42-609 Warranties void as to heirs; life tenants and certain parties not in possession
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All warranties which shall be made by any tenant for life, of any lands, tenements or hereditaments, the same descending or coming to any person in reversion or remainder, shall be void and of none effect, and likewise all collateral warranties, of any lands, tenements or heredit…
D.C. Code § 42-701 Words of inheritance unnecessary
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No words of inheritance shall be necessary in a deed or will to create a fee simple estate; but every conveyance or devise of real estate shall be construed and held to pass a fee simple estate or other entire estate of the grantor or testator, unless a contrary intention shall a…
D.C. Code § 42-702 “Grant” or “bargain and sell” passes whole estate and interest
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The word “grant,” and the phrase “bargain and sell,” or any other words purporting to transfer the whole estate shall be construed to pass the whole estate and interest in the property described, unless there be limitations or reservations showing a different intent.
D.C. Code § 42-703 Remainder to heirs of life tenant; rule in Shelley’s case abolished
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Where a remainder shall be limited to the heirs or heirs of the body of a person to whom a life estate in the same premises shall be given, the persons who, on the termination of the life estate, shall be the heirs or the heirs of the body of such tenant for life shall be entitle…
D.C. Code § 42-704 Posthumous children
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Where a future estate shall be limited to heirs, or issue, or children, posthumous children shall be entitled to take in the same manner as if living at the death of their parent; and a future estate depending on the contingency of the death of any person without heirs, or issue,…
D.C. Code § 42-705 Construction of words importing want or failure of issue
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In any deed or will of real or personal estate in the District of Columbia, executed after March 3, 1901, the words “die without issue,” or the words “die without leaving issue,” or the words “have no issue,” or other words which may import either a want or failure of issue of an…
D.C. Code § 42-801 Execution, acknowledgment, and recordation in same manner as deeds
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Mortgages and deeds of trust to secure debts, conveying any estate in land, shall be executed and may be acknowledged and recorded in the same manner as absolute deeds; and they shall take effect both as between the parties thereto and as to others, bona fide purchasers and mortg…
D.C. Code § 42-802 Duty of Recorder
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It shall be the duty of the Recorder of Deeds to record all such mortgages and deeds of trust in the same manner as absolute deeds.
D.C. Code § 42-803 Estate of mortgagee or trustee; conveyance thereof
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The legal estate conveyed to a mortgagee, his heirs and assigns, or to a trustee to secure a debt, his heirs and assigns, shall be construed and held to be a qualified fee simple, determinable upon the release of the mortgage or deed of trust, as hereinafter provided, or the appo…
D.C. Code § 42-804 Survival of mortgagee’s or trustee’s title
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Whenever a mortgage or deed of trust to secure a debt is executed to 2 or more mortgagees or trustees in fee simple, upon the death of any 1 or more of them the legal title and the trust attached to it shall be held to survive to the survivor or survivors and the heirs of the las…
D.C. Code § 42-805 While action pending, money due payable to mortgagee or court; effect thereof
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Where any action shall be brought on any bond for payment of the money secured by mortgage, or performance of the covenants therein contained, or where any action of ejectment shall be brought in any court of record by any mortgagee or mortgagees, his, her, or their heirs, execut…
D.C. Code § 42-806 Decree or order without hearing where defendant files request and plaintiff files admission
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Where any bill or bills, suit or suits, shall be filed, commenced, or brought in the court of equity, by any person or persons having or claiming any estate, right, or interest, in any lands, tenements, or hereditaments, under or by virtue of any mortgage or mortgages thereof, to…
D.C. Code § 42-807 Limitations upon right of redemption in §§ 42-805 and 42-806
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Sections 42-805 and 42-806 or anything therein contained, shall not extend to any case where the person or persons, against whom the redemption is or shall be prayed, shall (by writing under his, her, or their hands, or the hand of his, her, or their attorney, agent, or solicitor…
D.C. Code § 42-808 Conveyance or assurance by infant following court order
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It shall and may be lawful to and for any person or persons, under the age of 18, by the direction of the court of chancery, signified by an order made upon hearing all parties concerned, on the petition of the person or persons for whom such infant or infants shall be seized or …
D.C. Code § 42-809 Conveyance or assurance by infant trustee or mortgagee under court order
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All and every such infant or infants, being only trustee or trustees, mortgagee or mortgagees, as aforesaid, shall and may be compelled by such order so, as aforesaid, to be obtained, to make such conveyance or conveyances, assurance or assurances, as aforesaid, in like manner as…
D.C. Code § 42-810 Mortgagee may redeem prior mortgage; prior mortgage may not bar
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If it so happen there be more than 1 mortgage at the same time made, by any person or persons to any person or persons, of the same lands and tenements, the several late or under mortgagees, his, her, or their heirs, executors, administrators, or assigns, shall have power to rede…
D.C. Code § 42-811 Appointment of trustee in event of death of mortgagee or trustee; procedure; summary decree
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In case of the death of a sole mortgagee or trustee, or the last survivor of several, if the debt secured by the mortgage or deed of trust shall not have been paid, the party entitled thereto may file a petition in the court having probate jurisdiction, setting forth under oath t…
D.C. Code § 42-812 Equity practice followed where answer sets up defense against foreclosure
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If matter of defense against the foreclosure of said mortgage or the enforcement of said deed of trust be set up in answer to said rule, the further proceedings shall be according to the practice in equity after answer filed.
D.C. Code § 42-813 Replacement of deceased, appointed trustee
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In case of the death of any trustee appointed as aforesaid without having executed the trusts of the mortgage or deed of trust, a like proceeding to that provided for in § 42-811 may be had to appoint a successor to him in the said trusts.
D.C. Code § 42-814 Petition for new trustee; causes; procedure; written agreement of parties
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(a) In case of the refusal of any trustee named in a deed of trust to secure a debt to accept the trusts thereby created, or of his resignation of said trust after accepting the same, which is hereby allowed, or of his removal from the District of Columbia, or of his inability to…
D.C. Code § 42-815 Application to court to fix terms and determine notice of sale; notice under power of sale provision
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(a) If the length of notice and terms of sale are not prescribed by the mortgage or deed of trust, or be not left therein to the judgment or discretion of the mortgagee or trustee, any person interested in such sale may apply to the court, before such sale is advertised, to fix t…
D.C. Code § 42-815.01 Right to cure residential mortgage foreclosure default
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(a) For the purposes of §§ 42-801 through 42-804 and §§ 42-811 through 42-819, the term “residential mortgage” means a loan secured by a deed of trust or mortgage, used to acquire or refinance real property which is improved by 4 or fewer single-family dwellings, including condom…
D.C. Code § 42-815.02 Foreclosure mediation
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(a) For the purposes of this section, the term: (1) “Borrower” means a residential mortgage borrower and, if different from the residential mortgage borrower, the person who holds record title. (2) “Commissioner” means the Commissioner of the Department of Insurance, Securities, …
D.C. Code § 42-815.03 Establishment of Foreclosure Mediation Fund
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(a)(1) There is established as a nonlapsing special fund, the Foreclosure Mediation Fund (“Fund”), into which shall be deposited the fees and penalties generated by the foreclosure mediation program, the District’s share of proceeds from the February 2012 consent judgments betwee…
D.C. Code § 42-815.04 Construction
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Other than a judicial review as permitted in § 42-815.02(e)(3) and the rights asserted in § 42-815.02(h-2) and (h-4), nothing in §§ 42-801 through 42-804 and §§ 42-811 through 42-819 shall be construed to create any new administrative, judicial, or other review not otherwise avai…
D.C. Code § 42-816 Sale of property — Deficiency judgments; limitations thereon; relief in suit to enforce vendor’s lien
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In all cases of application to said court to foreclose any mortgage or deed of trust, the equity court shall have authority, instead of decreeing that the mortgagor be foreclosed and barred from redeeming the mortgaged property, to order and decree that said property be sold and …