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Real Estate
Unit 9 Key Terms
57
Real Estate & Planning
Not Applicable
09/28/2016

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Term
abstract of title
Definition

condensed history of title to real property consisting of a summary of the links in the "chain of title" extracted from documents bearing on a title status

 

Term
acknowledgement
Definition
formal declaration before an authorized official, by the person who executed the instrument, that it is a free act
Term
actual notice
Definition
information a person has actually learned by reading, seeing, or hearing
Term
adverse possession
Definition
a method of ontaining title to real property by occupying it in an open and hostile manner contrary to the interests of the owner
Term
alienation
Definition
the act of transferring ownership, title, or an interest or estate in real property
Term
appurtenance
Definition
a right or privilege associated with the property, such as a parking space in a multi unit building
Term
assignment
Definition
written instrument that serves to transfer the rights or interests of one person to another
Term
chain of title
Definition
a successive listing of all previous holders of title (owners) back to an acceptable starting point
Term
condemnation
Definition
the taking of private real property for a public purpose under the right of eminent domain for a fair price
Term
construction lien
Definition
a claim based on the principle of "unjust enrichment"; favors parties who have performed labor or who have delivered materials or supplies for the repair or building of an improvement to real property
Term
constructive notice
Definition
the recording of a document or an instrument in the public records designed to give adequate notice to all
Term
deed
Definition
a type of conveyance; a written instrument to transfer title to real property from one party to another
Term
deed restrictions
Definition
provision placed in deeds to control future uses of the property
Term
easement
Definition
a right, privilege, or interest in real property that one individual has in lands belonging to another; a legal right to trespass; right of way authorizing access to or over land
Term
easement apputenant
Definition
an easement that runs with the land and benefits an adjacent parcel of land
Term
easement by necessity
Definition
an easement created by a court of law in cases where justice and necessity dictate it, such as when propoerty is landlocked
Term
easement by prescription
Definition
a right acquired by an adverse user to use the land of another, created through a court of law after long and uninterrupted use
Term
easement in gross
Definition
a type of easement that benefits an individual or business entity and is not related to a specific adjacent parcel, for example, utlity easements
Term
eminent domain
Definition
the constitutional right given to a unit of government to take private property involuntarily, if taken for public use and a fair price is paid to the owner
Term
encroachment
Definition
unauthorized use of another person's property
Term
equitable title
Definition
the beneficial interest in real estate that applies that an individual will receive legal title at a future date
Term
escheat
Definition
reversionof property to the state when an owner dies without leaving a will or any known heirs
Term
further assurance
Definition
a provision in a deed containing a covenant or warranty to perform any further acts the grantee (buyer) might require to perfect title to the property
Term
general lien
Definition
a claim that may affect all the properties of a debtor
Term
general warranty deed
Definition
an instrument of conveyance containing the strongest and most comprehensive promises of further assurance possible for a grantor (seller) to convey to a grantee (buyer)
Term
grantee
Definition
party of receives a deed or grant; buyer
Term
granting clause
Definition
the provision in a deed that specifies the names of the parties involved, the words of conveyance, and a description of the property
Term
grantor
Definition
party who signs and gives a deed; seller
Term
gross lease
Definition
an agreement for the tenant to pay a fixed (base) rent with the landlord paying all the expenses associated with the property
Term
ground lease
Definition
an agreement for the tenant to lease the land only and erect a building on the land
Term
habendum clause
Definition
a provision in a deed to real property that stipulates the estate or interest the grantee is to receive and the type of title conveyed
Term
intestate
Definition
without a will
Term
involuntary alienation
Definition
when a person dies intestate and the property either descends to the descendent's heirs of transfers to the state through escheat
Term
junior lien
Definition
priority is based on the date of recording in the public records
Term
lender's policy
Definition
title insurance issued for the unpaid mortgage amount to protect the lender against title defects
Term
lien
Definition
a claim on property for payment of some obligation or debt
Term
lis pendens
Definition
a pending legal action
Term
mechanics lien
Definition
a claim based on the principle of "unjust enrichment"; favors parties who have performed labor or who have delivered materials or supplies for the repair or building of an improvement to real property
Term
net lease
Definition
an agreement for the tenant to pay fixed rent plus property costs, such as taxes, insurance and utilities
Term
opinion of title
Definition
a formal statement by an attorney regarding the status of a title after examination of the chain of title
Term
owner's policy
Definition
title insurance issued for the total purchase price of the property to protect the new owner against unexpected risks
Term
percentage lease
Definition
an agreement for the tenant to pay rent based on the gross sales received by doing business on the leased property
Term
police power
Definition
the authority of government to protect the property, life, health, and welfare of its citizens
Term
quiet enjoyment
Definition
a provision in a deed guaranteeing that the buyer may enjoy possession of the property in peace and without disturbance by reason of other claims on the title by the seller or anyone else
Term
quitclaim deed
Definition
a type of deed that will effectively convey any present interest, claim, or title to real property that the seller (grantor) may own
Term
restrictive covenants
Definition
conditions placed by developers that affect how the land can be used in an entire subdivision
Term
seisin
Definition
a covenant in a deed that warrants that the grantor (seller) holds the property by virtue of a fee simple title and has a complete right to dispose of same.  Also called a seizin clause
Term
specific lien
Definition
claims that affect only the property designated in the lien instruments or agreements
Term
sublease
Definition
a lessee leasing a property to a third party for a period of time less than the original lease.  Also called subletting
Term
subordination agreement
Definition
a written agreement between holders of liens on a property that changes the priorit of the mortgage, judgement, or other leins under certain circumstances
Term
superior lien
Definition
a lien that takes priority over all other leins
Term
testate
Definition
having left a will
Term
title
Definition
evidence of ownership of real property, such as a deed
Term
title insurance
Definition
a policy of insurance that protects the holder from any loss resulting from defectsin the title
Term
variable lease
Definition
an agreement for the tenant to pay specified rent increases based on a predetermined index (cpi) st set future dates
Term
voluntary alienation
Definition
the transfer of title is accomplished with the owners control and consent
Term
warranty forever
Definition
a provision in a deed guaranteeing that the seller will for all time defend the title and posession for the buyer
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