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Real Estate Terms
Definitions
80
Education
Undergraduate 3
11/18/2012

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Term
tangible personal
property
Definition
Property that has a physical
substance; for example,
automobiles, televisions,
and clothes.
Term
intangible personal
property
Definition
Property that represents a
set of rights or represents
control or ownership of
something of value.
Examples include a
copyright or an interest
in a mutual fund.
Term
riparian rights
Definition
Rights of the owners of
lands adjoining streams,
rivers, and lakes relating to
the water and its use.
Term
appropriation
Definition
In regard to water law,
doctrine stating that water
belongs to the person who
first makes beneficial use
of it.
Term
fixture
Definition
Item of personal property
that becomes real property
because of its attachment
to the land or a building.
Term
possession
Definition
Occupation of land
evidenced by visible
acts such as an enclosure,
cultivation, the construction
of improvements, or the
occupancy of existing
improvements.
Term
inheritance
Definition
Ability to acquire ownership
to real property because of
one’s kinship to a deceased
property owner.
Term
devise
Definition
Conveyance of real
property by means of a
last will and testament.
Term
will
Definition
Legal document by which
a person disposes of his or
her property. A will takes
effect on the death of the
property owner.
Term
conveyance
Definition
Transfer of title or
ownership to real property
from one person to another
by deed. The terms may be
used to include assignment,
lease, mortgage, or
encumbrance of real
property
Term
adverse possession
Definition
Method of acquiring
ownership to real
property by possession
for a statutory time
period.
Term
tacking
Definition
Combinations of possession
periods by different
adverse possessors.
Term
color of title
Definition
A form of adverse
possession where the
original possession of the
property by a prescriber
is based upon a written
instrument such as a deed
or court decree
Term
fee simple absolute
Definition
Estate of real property
with infinite duration and
no restrictions on use.
Term
fee simple determinable
Definition

Estate of real property
with a potential infinite
duration. The ownership of
a fee simple determinable
is subject to a condition,
the breach of which can
result in termination of
the estate. A fee simple
determinable automatically
expires on the nonoccurrence
or occurrence of a
condition.

Term
fee simple on condition
subsequent
Definition
Estate of real property
with a potential infinite
duration. The ownership
of a fee simple on condition
subsequent is subject to
a condition, the breach of
which can result in
termination of the estate.
A fee simple on condition
subsequent continues in
existence until an action is
brought to recover the
property
Term
life estate
Definition
Estate of real property,
the duration of which is
measured by the life or
lives of one or more
persons.
Term
waste
Definition
Action or nonaction that
causes a loss of value to
real property.
Term
estate for years
Definition
Estate of real property, the
duration of which is for a
definite period.
Term
estate at will
Definition
Estate of real property, the
duration of which is for an
indefinite period. An estate
at will can be terminated at
the will of the parties
Term
joint tenancy with the
right of survivorship
Definition
Ownership of real property
by two or more persons.
Joint tenants with the right
of survivorship hold equal
interest in the real
property, and on the death
of any owner, the deceased
owner’s interest in the real
property will pass to the
surviving owner
Term
tenancy in common
Definition

Co-ownership of property by two or more persons.  Each owner's interest in the property is capable if inheritance.

Term
tenancy by the entirety

Definition

Ownership of real property by a husband and wife.  The husband and wife are treated as a single owner, and neither the husband nore the wife can transfer the property without the other's consent.

Term
community property
Definition

Rule of law in states following the civil law of Spain and France,which provides that real property acquired during marriage is owned equally by the husband and wife.

Term
partition
Definition

Method by which coowners of real property can divide the common property into separate ownerships.  Partition may be by voluntary agreement of the co-owners or by court action.

Term
prenuptial agreement
Definition

Agreement entered into by a married couple that, among other things, outlines an agreement between the couple regarding the division and ownership of property in the event of separation or divorce.

Term
dower
Definition

Widow's interest in real property of her husband that provides a means of support after the husband's death.

Term
curtesy
Definition

Interest in real propety of the wife that the law in some states gives to the surviving husband at the time of the wife's death.

Term
elective share
Definition

Right given to in many states to e.ect, at her husband's death, to receive either dower of some ownership (fee simple) share of her husband's real property.

Term
condominium
Definition

Form of property ownership in which the owner owns an individual unitin a multiunit building and is a tenant in common with other owners of units in the building in certain common areas.

Term
common areas
Definition

Common areas or common elements of a condominium is that portion of the condominium property that is owned in common by all the owners of units in the condominium.

Term
condominium
declaration
Definition

Legal document required by state condominium acts to create a  condominium.

Term
condominium plat
Definition

Plat of survey of condominium property required by state condominium acts.  the plat must show in sufficient detail the olcation and dimensions of the real property, as well as all condominium units located on the real property.

Term
limited common area
Definition

Common area of a condominium that is limited in use to one or more condominium unit owners.

Term
condominium
association
Definition

Governing body of a condominium, the members of which are owners of condominium units.  The condominium association usually is in the formof a nonprofit corporation.

Term
assessment
Definition

Sum of money owed by a condominium owner for monthly upkeep of the common areas of the condominium.

Term
cooperative
Definition

Form of ownership of real property in which a corporation owns a multiunit building and leases living space in the building ot the shareholders of the corporation.

Term
time-share
Definition

Form of ownership of real property in which an owner owns the property for a short period, usually one or two weeks out of each year.  Time-share ownership typically is used for vacarion or recreational property.

Term
rescission
Definition

Right to terminate a contract.

Term
encumbrance
Definition

A claim, charhge, or liability on property, such as a lien or mortgage, that lowers its value.

Term
zoning
Definition

Legitimate police power of government to regulate the use of real property

Term
building codes
Definition

Public laws that regulate methods and materials to be used in the construction of improvements.

Term
Comprehensive
Environmental
Response, Compensation
and Liability Act
(CERCLA)
Definition

Also known as Superfund, is federal legislation which created a trust fund designed to finance the activities of ent Environmental Protection Agency and gave the Environmental Protection Agency the authority to recover cleanup costs for contaminated properties for the responsible parties for the contamination.

Term
Phase I
Definition

An examination of real property to determine if it contains environmental contamintion.

Term
Phase II
Definition

A more intensive environmental examination of property usually including the testing of soil and water for evidence of contamination.

Term
eminent domain
Definition

Power of government to take private property for public use.

Term
ad valorem taxes
Definition

Taxes assessed against real property usually measured by the value of the real property being taxed.

Term
lien
Definition

Money debt attached to real property.  The holder of the lien can sell the real property to pay the debt.

Term
judgment lien
Definition

Money debt resulting from a lawsuit.  Judgments are liens on real property owned by the judgment debtor.

Term
mechanics’ or
materialmen’s lien
Definition

Lien imposed by law on real property to secure payment for work performend or materials furnished for the construction. repair, or alteration of emprovements on the real property.

Term
easement
Definition

Right granted to a nonowner of real property to use the real property for a specific purpose; for example, a right given to an electric utility company to locate an electric line on real property.

Term
appurtenant easement
Definition

Easement created to benefit a particular parcel of real property.  The easement transfers automatically with a transfer of the ownership of the real property benefited by the easement.

Term
easement in gross
Definition

Easement granting the owner of the easement the right to use real property for a particular purpose.  The easement does not benefit a parcel of real property owned by the owner or the easement.

Term
dominant tenement
Definition

Parcel of land benefited by an appurtenant easement

Term
servient tenement
Definition

Parcel of land on which an appurtenant easement is located.

Term
implied easement
Definition

Easement created by the conduct of the parties to the easement, not by written agreement.

Term
prescriptive easement
Definition

Easement created when a person uses real property for a period of time without the owner's permission.

 

Term
easement by necessity
Definition

Easement of r access to a public street that is necessary for the use and enjoyment of the property benefited by the easement

Term
license
Definition

A revocable privilege or permission to do an act or a series of acts on land possessed by another.

Term
contract
Definition

Agreement between two or more persons consisting of a promise or mutual promises that the law will enforce or the performance of which the law recognizes as a duty.

Term
principal
Definition

A person who hires an agent to act on his or her behalf. A principal is generally resopnsible for the acts of the agent.

Term
power of attorney
Definition

Written document authorizing another person to act as one' agent.

Term
consideration
Definition

Something of value given to make the promises in a contract enforceable.

Term
specific performance
Definition

Remedy for breach of real estate contract that requires a defaulting party to perform the promises under the contract.

Term
rescission
Definition

Remedy for default of a real estate contract wherein the contract is terminated and the defaulting party must reimburse the injrued party for espenses incurred in connection with the contract

Term
liquidated damages
Definition

Amount of money agreed on by the parties to a contract to be the damages in the event of a default of the contract.

Term
fiduciary
Definition

A person who holds a special relationship of confidence and trust to a principal and owes to the principal a duty to exercise all of the affairs of the principal in good faith and with loyalty.

Term
express authority
Definition

Authority that has clearly been given by a principal to an agent.

Term
implied authority
Definition

Authority that is implied by law tobe those things necessary and proper for an agent to carry out the duties of an agency.

Term
listing agreement
Definition

Agreement entered into between an owner and a real estate broker retaining the realestate broker to assist the owner in selling real propety.

Term
certified check
Definition

Personal check in which the bank certifies that the funds are in the account and that the check will be honored on presentment for payment.

Term
cashier’s check
Definition

Check issued by a bank, the payment of which is guaranteed by the full faith and credit of the bank.

Term
closing
Definition

Date set forth in a real estate contract of which the parties agree to perform all the promises of the contract.  The date on which ownership of the real property is transferred from seller to purchaser and the purchaser pays the seller the purchase price for the real propety.

Term
earnest money
Definition

Money paid by the purchaser at the time the real estate ontract is signed.  the money may be used as a down payment on thepurchase price or may be rtained by the seller for damages in the event the purchaser defaults on the contract.

Term
time is of the essence
Definition

Provision contained in a contract that requires strict performance of the contract by the date or dates provided therein.

Term
condition precedent
Definition

Condition in a contract that must be satisfied in accordance with the terms of the contract before one or both of the parties are required to perform their contractual obligations.

Term
parol evidence rule
Definition

Rule of evidence that provides that a written agreement is the best and only evidence of the agreement between the parties and that the parties are not permitted to bring in oral testimony regarding other agreements concerning the transacation.

Term
execution
Definition

Signature of a party to a legal document.  The act of signing a legal document.

Term
seller disclosure form
Definition

A form of a residential seller must furnish that informs the buyer about all known physical conditions on the property and its improvements.

Term
option
Definition

A contract by which an owner of property, usually called the optionor, agrees with another person, usually called the optionee, that the optionee shall have the right to buy the owner's real property at a fixed price within a certain time on agreed terms and conditions.

 

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