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Modern Real Estate Practice Glossary of Terms
18th Edition. PSI Exam test prep
38
Real Estate & Planning
Graduate
10/24/2011

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Term
abstract of title
Definition

condensed history of a title to a particular parcel of real estate.

- summary of original grant

- all subsequent conveyances

- cert by abstractor that the history is complete and accurate

Term
acceleration clause
Definition
clause in a mortgage or deed of trust that can be enforced to make entire debt due immediately if the borrower defaults on an installment payment.
Term
accession
Definition
aquiring title to additions or improvements to real property as a result of the annexation of fixtures or the accretion of alluvial deposits along the banks of streams
Term
accretion
Definition
the increase or addition of land by the deposit of sand or soil washed up naturally from a river, lake, or sea.
Term
accrued depreciation
Definition
loss in value resulting from the property's physical deterioration, external depreciation, and functional obsolescence.
Term
accrued items
Definition

items of expense that are incurred by not yet payable, such as interest on a mortgage loan or taxes on real property

(found on closing statement)

Term
acknowledgement
Definition
a formal declaration made before a notary public by a person who has signed a document.
Term
acre
Definition

a measurement of land

= 43,560 sq. feet

= 4,840 sq. yards

= 4,047 sq. meters

= 160 sq. rods

= 0.4047 hectares

Term
actual eviction
Definition
the legal process that results in the tenant's being physically removed from the leased premises.
Term
actual notice
Definition
express information or fact; that which is known; direct knowledge
Term
ad valorem tax
Definition

"general tax"

"real estate tax"

tax levied according to value

Term
addendum
Definition

a provision added to an existing contract without altering the content of the original.

Must be signed by all parties.

Term
adjustable-rate mortgage - ARM
Definition
A loan characterized by a fluctuating interest rate
Term
adminstrator/administratrix
Definition
court-selected person who assists with the settlement of an estate of a person who died w/o leaving a will
Term
Adverse possession
Definition
The actual, open, notorious, hostile, and continuous possession of another's land under a claim of title. Possession for a statutory period may be a means of acquiring title.
Term
affidavit of title
Definition

written statement made under oath by a seller or grantor of real property and acknowledged by a notary public in which the grantor:

- identifies himself or herself and indicates marital satus

- certifies that since the examination of the title, on the date of the contract, no defects have occurred in the title

- certifies that he or she is in possession of the property

Term
agency
Definition
the relationship between a principal (client/customer) and an agent (salesperson/licensee) wherein the agent is authorized to represent the principal in certain transactions.
Term
Agency by ratification
Definition
an agency relationship created after the fact
Term
agent
Definition
one who acts or has the power to act for another. A fiduciary relationship is created under the law of agency when a property owner, as the principal, executes a listing agreement or management contract authorizing a licensed real estate broker to be his or her agent.
Term
air lot
Definition
Designated airspace over a piece of land. Can be transferred just like surface property.
Term
air rights
Definition
The right to use the open space above a property, usually allowing the surfact to be used for another purpose.
Term
alienation
Definition
act of transferring property to another. Alienation may be voluntary, such as by gift or sale, or involuntary as through eminent domain or adverse possession.
Term
allodial system
Definition
a system of land ownership in which land is owned free and clear or and rent or service due to the gov't.
Term
amendment
Definition
change to the existing content of a contract - must be initialed by all parties.
Term
American Land Title Association (ALTA) policy
Definition
A title insurance policy that protects the interest in a collateral property of a mortgage lender who originates a new real estate loan
Term
Americans with Disabilities Act (ADA)
Definition
Act addresses rights of individuals with disabilities in employment and public accommodations.
Term
amortized loan
Definition
A loan in which the principal as well as the interest is payable in monthly or other periodic installments over the term of the loan.
Term
annexation
Definition
process of converting personal property into real estate property
Term
annual percentage rate (APR)
Definition
The relationship of the total finance charges associated with a loan. This must be disclosed to borrowers by lenders under the Truth in Lending Act.
Term
anticipation
Definition
The appraisal principle that holds that value can increase or decrease based on the expectation of some future benefit or detriment produced by the property.
Term
antitrust laws
Definition
laws designed to preserve the free enterprise of the open marketplace
Term
appraisal
Definition
An estimate of the quantity, quality, or value of something. Also refers to the report that sets forth the process of estimation and conclusion of value
Term
appraiser
Definition
an independent person trained to provide an unbiased estimate of value
Term
appreciation
Definition
an increase in the worth of value of a property due to economic or related causes, which may prove to be either temporary or permanent; opposite of depreciation
Term
appurtenance
Definition
a right, privilege, or improvement belonging to, and passing with, the land; "runs with the land"
Term
appurtenant easement
Definition
an easement that is annexed to the ownership of one parcel and allows the owner the use of the neighbors land.
Term
area
Definition
a level surface or piece of ground; the size of a surface; the amount of a two-dimensional object
Term
area preference
Definition
People's desire for one area over another, based on a number of factors such as history, reputation, convenience, scenic beauty, and location
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