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Chapter 3
Vocab
29
Real Estate & Planning
Professional
04/26/2015

Additional Real Estate & Planning Flashcards

 


 

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Term
Ad Valorem Taxes
Definition
A tax levied according to value, generally used to refer to real estate tax.
Term
Assessment
Definition
The imposition of a tax, charge, or levy, usually according to established rates. Official valuation of property for the purpose of establishing assessed value for tax purposes.
Term
Deed Restrictions
Definition
Clause placed in a deed by the owner to control the future uses of the property.
Term
Dominant Tenement
Definition
A property that includes in its ownership the appurtenant right to use an easement over another person's adjacent property for a specific purpose; ownership of the easement runs with the land.
Term
Easement
Definition
A right to limited to use and enjoyment of the land of another for a specific purpose without ownership; a nonposesory interest in real estate. Two types are appurtenance and in gross.
Term
Easement Appurtenant
Definition
An easement that runs with the land; the easement is part of both the dominant and the servant tract and conveys with the title to either tenement.
Term
Easement by Necessity
Definition
An easement allowed by law as necessary for the full enjoyment of a parcel of real estate; to allow a landlocked owner a right of ingress and egress over a grantor's land.
Term
Easement by Prescription
Definition
An easement acquired through adverse use of another's property for a period of 20 or more years in NC.
Term
Easement in Gross
Definition
An easement that is not created for the benefit of any land owned by the owner of the easement but that attaches personally to the easement owner. There is no dominant tract; the easement attaches to the servant tract. Personal easement in gross is not assignable; a commercial easement in gross is assignable.
Term
Encroachment
Definition
An unauthorized intrusion of an improvement, or any part of an improvement, on the real property of another party; can make title to both parcels unmarketable. Best discovered by survey.
Term
Encumbrance
Definition
Any charge, claim, lien, or liability held by someone other that the owner of property that may diminish the value or use and enjoyment of a property. May not prevent the transfer of title.
Term
General Lien
Definition
The right of a creditor to have all of a debtor's current and future property for the next 10 years - both real and personal - sold to satisfy a debt; judgment lien.
Term
Judgement
Definition
The formal decision of a court upon the respective rights and claims of the parties to an action or a suit. After a judgement has been entered and recorded with the county recorder, it becomes a general involuntary lien on the current and future real and personal property of the debtor in the county where recorded for the next 10 years.
Term
License
Definition
The personal revocable nontransferable right to a temporary use of another's land - a personal right that cannot be sold.
Term
Lien
Definition
A right given by law to certain creditors to have their debts paid out of the property of a defaulting debtor, usually by means of a court sale. An encumbrance on real property that can be general or specific.
Term
Lien Agent
Definition
A title insurance entity that is designated under the NC Mechanic's Lien Law by a real property owner to receive notifications of possible mechanic's liens from construction project vendors.
Term
Lis Pendens
Definition
A recorded legal document giving constructive notice that an action potentially affecting title to a particular property has been filed in either a state or a federal court; title is effectively unmarketable during the litigation.
Term
Machinery Act
Definition
The NC General Statutes that govern the ad valorem taxation of property.
Term
Mass Appraisal
Definition
A valuation technique sometimes used for tax assessment purposes that applies a standard percentage increase or decrease to all property in a given location; sometimes referred to as horizontal adjustments.
Term
Mechanic's Lien
Definition
A specific, involuntary lien secured by interest in real property to give security to contractors, laborers and material men who have performed work or furnished materials in the erection or repair of a building.
Term
Mill
Definition
1/10 of one cent. Some states use a mill rate to compute real estate taxes; for example, a rate of 52 mills would be .052 tax for each dollar of assessed valuation of a property.
Term
Octennial Reappraisal
Definition
In NC, the statutory reappraisal of all real property in every county every eight years for tax purposes.
Term
Priority
Definition
The order of position of time. The priority of liens is generally determined by the chronological order in which the lien documents are recorded. Property tax and assessment liens have priority even over previously recorded liens.
Term
Servient Tenement
Definition
Land on which an easement exists in favor of an adjacent property; also called a servant estate or tract. Easement runs with the land.
Term
Special Assessments
Definition
A tax or levy customarily imposed against only those specific parcels of real estate that will benefit from a proposed public improvement like a street or sewer.
Term
Specific Lien
Definition
A lien affecting or attaching only to a specific parcel of land or piece of real property, i.e mortgage lien.
Term
Tax Lien
Definition
A statutory lien against real property for non-payment of taxes. Real and personal property tax liens and assessments take priority over all other liens. Real property tax and assessment liens are specific liens; personal property tax liens are general liens.
Term
Writ of Attachment
Definition
At the request of a creditor, the court retains custody of the unsecured property during the lawsuit to ensure that the property remains available to satisfy a judgement ordered as resolution of the suit by the court. A recorded writ is and encumbrance on the property.
Term
Writ of Execution
Definition
A court order directing the county sheriff to sell a defendant's property as required by judgement or court decree.
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