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Hawaiian Real Estate Vocab
Principals & Practices of Hawaiian Real Estate
270
Real Estate & Planning
Professional
05/25/2009

Additional Real Estate & Planning Flashcards

 


 

Cards

Term
Injunction
Definition
A writ or order issued under the seal of a court to restrain one or more parties from performing an act which is deemed to be inequitable or unjust in regard to the rights of some other party.
Term
Installment Contract
Definition
A contract that provides for payment of a purchase price in installments; an agreement of sale. Also called installment land contract or installment sale.
Term
Institute of Real Estate Management (IREM)
Definition
An organization acting as an exchange for management ideas, and recognizing achievement in the field. Has a Code of Ethics for real estate managers.
Term
Instrument
Definition
A written legal document
Term
Inter Vivos
Definition
During one's life, between living persons; from one living person to another.
Term
Interim Financing
Definition
A short term loan obtained to cover financing of the construction of a building.
Term
Intestate
Definition
Incapable of being recalled or revoked; unchangeable.
Term
Involuntary Lien
Definition
A lien imposed against property without consent of an owner; e.g., taxes, special assessments, federal income tax liens, etc.
Term
Irrevocable
Definition
Incapable of being recalled or revoked; unchangeable.
Term
Joint Tenancy
Definition
Ownership by two or more persons with rights of survivorship, all joint tenants own equal interests and have equal rights in the property; each owner is possessed of an undivided part of the whole.
Term
Joint Venture
Definition
A joining of two or more people in a specific business enterprise; similar to a partnership, and generally with no intention of a conitnuing relationship beyond the original purpose.
Term
Judgment
Definition
The final determination of the rights and liabilities of the parties by a court in an action before it.
Term
Junior Lien
Definition
A subordinate lien
Term
Junior Mortgage
Definition
A mortgage that is subordinate to prior existing mortgage on the same realty.
Term
Laches
Definition
Delay or negligence in asserting one's legal rights.
Term
Land Contract
Definition
See Agreement of Sale
Term
Land Court
Definition
A court designated to preside over the registration of land under the Torrens system; the court which is used to verify title.
Term
Land Patent
Definition
An instrument conveying government owned lands to individuals.
Term
Land Trust
Definition
A device to hold title to land in a trust with the beneficial ownership held by the landowner.
Term
Land Use Ordinance
Definition
County code which sets forth zoning regulations for the county.
Term
Landlord Tenant Code (LTC)
Definition
A Hawaii state law outlining the rights, obligations and remidies of a residential landlord and a tenant.
Term
Landmark
Definition
A monument or object used to establish the boundary line of a property.
Term
Latent Defect
Definition
A hidden structural defect in real estate; known to the seller byt not the buyer and not discoverable by mere observation.
Term
Lateral Support
Definition
The support that the soil of an adjoining owner gives to his neighbor's land.
Term
Lease
Definition
A contract whereby the lawful owner of the property transfers his rights of use and posession to another for a specified term.
Term
Leased Fee
Definition
The landlord-owners interest in the demised premises; valued as the rent plus the reversionary interest.
Term
Leasehold
Definition
An estate or right in real property held under a lease by the lessee.
Term
Legacy
Definition
A gift of personal property, usually money in a will.
Term
Legal Description
Definition
A description, recognized by law that will definately locate and identify property.
Term
Lessee
Definition
One who rents property under a lease contract.
Term
Lessor
Definition
An owner who enters into a lease with a tenant.
Term
Less Than Freehold
Definition
A lease; a leasehold estate.
Term
Leverage
Definition
The use of borrowed funds in financing, with the anticipation that the property aquired will increase in return so that the investor will realize a profit, not only on his own investment, but on the borrowed funds as well.
Term
Liber
Definition
Books that contain public records such as copies of deeds.
Term
License
Definition
A personal privilege to perform some act on the land of another.
Term
Lien
Definition
A right, given by law, whereby a creditor may satisfy a debt out of the proceeds of the sale of real or personal property belonging to the debtor; an encumbrance, usually naming property as security for payment of a debt or for the discharge of an obligation.
Term
Lien Letter
Definition
A limited title search issued to cover Land Court property in Hawaii.
Term
Life Estate
Definition
An estate or interest in real property held for the duration of the life of a certain person. Upon the expiration of that life, the estate will automatically be vested in a remainderman or reversioner.
Term
Limited Common Element
Definition
In a condominium, those common elements reserved for the use of a certain apartment, or certain apartments, to the exclusion of other apartments.
Term
Limited Liability Company
Definition
A newer form of ownership besides proprietorship, partnership, corporation, etc.: Similar to a corporation, but no perpetual existence and single taxation.
Term
Limited Partnership
Definition
A partnership composed of general and limited partners whose contribution and liability are limited and specifically defined.
Term
Liquidated Damages
Definition
An amount of pre-determined by the parties to an agreement that will be forteited as compencation for breach of contract.
Term
Lis Pendens
Definition
A legal document giving constructive notice that an action at law is pending; a notice of pending litigation.
Term
Listing
Definition
A written employment agreement between a property owner and a broker authorizing the listing broker to sell, lease or exchange the realty.
Term
Loan Commitment
Definition
A commitment by a lender as to the amount he will loan to a qualified borrower on a particular piece of real estate.
Term
Lock-in
Definition
An agreement between a borrower and a lender, whereby the lender agrees to lock in an interest rate, or points for a period of time, when the rate is in a state of flux and might change.
Term
M.A.I.
Definition
Designates a person who is a member of a professional appraisal organization.
Term
Marginal Land
Definition
Land which barely pays the cost of working or using.
Term
Marketable Title
Definition
Title free and clear of objectionale liens or encumbrances; title which is free from reasonable doubts or defects, which can be readily sold or mortgaged.
Term
Market Value
Definition
The highest price a ready, willing and able buyer, not forced to buy, will pay to a ready, willing and able seller not forced to sell, allowing a reasonable time for exposure in the open market.
Term
Material Fact
Definition
A fact is material if it is one which the agent should realize would be likely to affect the judgment of the principal in giving his or her consent to the agent to enter into the particular transaction on the specified terms.
Term
Mechanic's Lien
Definition
A lien which exists against real property in favor of persons who have performed work or furnished materials for the improvement of real estate.
Term
Merger of Title
Definition
The absorption of one estate into another.
Term
Metes and Bounds
Definition
A method of describing or locating real property; metes are measures of length and bounds and boundaries; a description starting with a well-marked poing ot beginning and follwoing the boundaries of the land until it returns once more to the poing or beginning.
Term
Mile
Definition
A linear measurement of distance equal to 1,760 yards, 5,280 feet, or 1,608 meters.
Term
Military Clause
Definition
A clause inserted in some leases to allow the military tenant to terminate the lease in case of transfer, discharge or other circumstances.
Term
Mill
Definition
One tenth of one cent. Used in some states to compute property taxes.
Term
Minor
Definition
A person under the legal age of consent, one under 18 years of age.
Term
Misrepresentation
Definition
A false statement of a material fact made with the intent to induce some action from another party.
Term
Monument
Definition
A fized object and point established by surveyors to establish land locations; includes not only artificial objects such as posts and fences, but also natural objects such as trees, mountains and water courses.
Term
Mortgage
Definition
An instrument in writing which, when recorded, created a lien upon property pledged as security for the repayment of a debt or obligation.
Term
Mortgage Banker
Definition
A corporation or firm which makes, delivers and services mortgage loans.
Term
Mortgage Broker
Definition
A person or firm that acts as an intermediary between borrower and lender.
Term
Mortgagee
Definition
The party who lends money and accepts a mortgage to secure the payment of the debt.
Term
Mortgagor
Definition
The party who borrows money and gives a mortgage on the property as security for his obligation to repay the debt.
Term
Mud Tunnel
Definition
Passageway for subterranean termites.
Term
Multiple Listing Service (M.L.S.)
Definition
An arrangement among brokers whereby they share their listings.
Term
National Association of Realtors (N.A.R.)
Definition
A professional organization of real estate professionals; only brokers who are members of local real estate boards are entitles to use the trademart name "Realtor", salespeople are called "Realtor-Associates."
Term
Navigable Waters
Definition
Those bodies of water that are capable of being used for public transportation.
Term
Negotiable Instrument
Definition
A written instrument signed by its maker or drawer, containing an unconditional promise to pay a certain sum of money; can be passed freely from one person to another.
Term
Negotiate
Definition
To transact business; to arrange terms of a contract.
Term
Net Income
Definition
With reference to property, the sum derived after a vacancy allowance and expenses have been deducted from the gross income; generally described as net income before depreciation, and usually defining the income a property will earn in a normal year's operation (net operating income).
Term
Net Lease
Definition
A lease in which the tenant pays rent for occupancy, plus maintenance and operation expenses, and usually including taxes and insurance.
Term
Net Listing
Definition
A listing which provides that the agent may retain all sums received over and above a net price to the owner as compensation for his services.
Term
Nominal Consideration
Definition
One bearing no relation to the real value of the contract. An example is a property deeded for $10,000.
Term
Nonconforming Use
Definition
A use which is contrary to zoning laws, but which is permitted because the use was allowed before the zoning law came into effect; a grandfather clause.
Term
Nonconforming Use
Definition
A use which is contrary to zoning laws, but which is permitted because the use was allowed before the zoning law came into effect; a grandfather clause.
Term
Note
Definition
A written instrument acknowledging a debt and promising payment.
Term
Notice of Nonresponsibility
Definition
A notice provided by law designed to relieve a property owner from responsibilityfor the cost of work done on the property or materials furnished therein; usually applicable when a leesee contrats to have work performed. Not applicable in Hawaii.
Term
Notice to Quit
Definition
Notice to a tenant to vacate.
Term
Novation
Definition
The substituting of a new obligation for an old one (as in a Va substitution).
Term
Obsolescence
Definition
Functional obsolescence or lack of desirability in terms of layout, style and design as compared with that of a new property serving the same funtion; economic obsolescence or a loss in value from causes in the neighborhood, but outside the property itself.
Term
Offer
Definition
A promise by one party to act in a certain manner provided the other party will act in the manner requested. In a real estate sales contract, the offer to purchase realty according to certain stipulated terms and conditions.
Term
Ohana Zoning
Definition
Amends the Comprehensive Zoning Code by permitting a second dwelling unit on certain residentially zoned lots, thus providing immediate and less expensive housing alternatives.
Term
Open-End Mortgage
Definition
A mortgage containing a clause which permits the mortgagor to borrow additional money up to the original amount of the loan oafter the loan has been reduced, without rewriting the mortgage. Not to confuse with open mortgage, which is any mortgage with no pay
Term
Open-End Mortgage
Definition
A mortgage containing a clause which permits the mortgagor to borrow additional money up to the original amount of the loan oafter the loan has been reduced, without rewriting the mortgage. Not to confuse with open mortgage, which is any mortgage with no payment penalty.
Term
Open Listing
Definition
A listing given to any number of agents without liability to compensate any except the one who first procures a buyer ready, willing and able to meet the terms of the listing.
Term
Option
Definition
A right given for consideration to purchase or lease a property upon specified terms within a specified times. Purchaser is the optionee.
Term
Ordinance
Definition
A legislative enactment of a city or county, such as zoning.
Term
Over Improvement
Definition
An improvement which is not the highest and best use for the site on which it is placed, usually by reason by excess size or cost.
Term
Package Mortgage
Definition
A mortgage commonly used in subdivision developments whereby chattels such as appliances are "packaged" into the mortgage along with the real property.
Term
Panic Peddling
Definition
Creating an atmosphere of fear in persuading owners to sell; a discriminatory act.
Term
Parol
Definition
oral; verbal
Term
Parol Evidence
Definition
Verbal or written testimony which precedes a written contract.
Term
Partial Taking
Definition
The taking of a portion of a piece or property through condemnation.
Term
Parties (Party)
Definition
Those entities taking part in a transaction as a principal, e.g.; seller, buyer, or lender in a real estate transaction.
Term
Partitian
Definition
Court proceedings by which co-owners of commonly owned property seek to sever their common ownership; not with tenancy by entirety.
Term
Partnership
Definition
A contract between tow or more persons to carry on as co-owners of a business, and to share the profits in certain proportions.
Term
Party Wall
Definition
A wall erected on the line between adjoining properties that are under separate ownership, for the use of both owners.
Term
Patent
Definition
A conveyance for the transfer of title to land owned by the government; land patent.
Term
Payment Bond
Definition
The part of a performancer bond that assures the owner that material and labor furnished in the construction of the building will be fully paid for and no mechanic's liens will be filed.
Term
Percentage Lease
Definition
A lease of property in which the rental is based upon the volume of gross sales made on the leased premises.
Term
Performance Bond
Definition
A bond that provides assurance of the completion of an undertaking in accordance with an agreement, such as that supplied by a contractor guaranteeing the completion of a building project.
Term
Periodic Tenancy
Definition
A lease running from period to period, such as week-to-week, or month-to-month.
Term
Personal Property
Definition
Any property not real property; personalty.
Term
Pertinent
Definition
Relevant; applicable
Term
Piggy-Back Loan
Definition
One lender originates loan, another joins in as co-operating lender, with neither junior; one property, two lenders.
Term
Plain Language
Definition
hawaii law requiring certain contracts (under 25, 000) and leases to be written in ordinary, everyday, non-legal language.
Term
Plan Manager
Definition
A person who undertakes the duties, responsibilites and obligations of managing a timeshare plan.
Term
Planned Unit Development
Definition
A development and zoning concept that is designed to produce a high density of dwelling units with mazimum utilization of open spaces. Also called Planned Development Housing (PDH).
Term
Plat
Definition
A plan or map of certain piece or pieces of land.
Term
Plat Field Book
Definition
A public record containing facts pertaining to land.
Term
Plottage
Definition
The land increment produced by combining smaller individually owned plots into a large tract under a single ownership; see assemblage.
Term
Points
Definition
See Discount Points
Term
Police Power
Definition
The inherent right of a government to enact such legislation as may be deemed necessary to protect and promote the health, safety and general welface of the public, such as zoning.
Term
Power of Attorney
Definition
A qritten instrument authorizing a person (an attorney in fact) to act as the agent on behalf of another to the extent indicated in the instrument.
Term
Power of Sale
Definition
A provision in a mortgage permitting the lender, upon borrower's default, to sell the secured property at public auction without need to have a court foreclose.
Term
Prepayment Clause
Definition
The clause in a mortgage or note stating the penalty, if ay, for mayment before it actually becomes due.
Term
Prescription
Definition
An easement or title obtained by possession for a prescribed period; prescriptive rights.
Term
Prima Facie Evidence
Definition
Evidence which is good and sufficient on its face ("at first view") to establish a given fact or case, unless rebutted or contradicted.
Term
Primary Money market
Definition
The source of loan funds available directly to borrowers, whether for first or second morgages; loan originations.
Term
Prime Rate
Definition
The miminum interst rate charged by a bank on short term loans to its best clients.
Term
Principal
Definition
The employer of an agent or broker; a sum of money owed as a debt upon which interest is calculated, not spelled Principle.
Term
Probate
Definition
An action of the court to determine the validity and legality of a last will and testament.
Term
Procuring Cause
Definition
The cause of a series of events that leads to the consummation of a sale.
Term
Promulgate
Definition
To publish, announce or declare.
Term
Proprietary Lease
Definition
A lease in a cooperative apartment between the owner-corporation and the tenant-stockholder.
Term
Proprietorship
Definition
A business held by a person who has legal title or exclusive right thereto.
Term
Prorate
Definition
To divide or distribute proportionately; to divide monies, usually at time of closing, proportionately between the seller and buyer.
Term
Prospectus
Definition
A printed statement distributed to describe and advertise a new business venture, a real estate project or stock issue.
Term
Purchase Contract
Definition
The Hawaii Association of Realtors standard form pruchase agreement.
Term
Purchase Money Mortgage
Definition
A mortgage on property given by a buyer, either to the seller or to a third party in order to secure a portion of the purchase price.
Term
Qualified Fee
Definition
An estate in fee simple bound by limitations imposed by the grantor.
Term
Quiet Enjoyment
Definition
The right of an owner or tenant legally in possession to the use of property without interference from the landlord, or grantor, or anyone claiming through him.
Term
Quiet Title
Definition
A court action brought to establish title or to remove a cloud on the title; an action clearing tax titles or titles based upon adverse possession.
Term
Quitclaim Deed
Definition
A deed containing no warranties or covenants, which relinquished any interest, title or claim in property the grantor may have, if any.
Term
Quorum
Definition
A majority of the entire body; minimum needed to legally conduct a meeting.
Term
Ratification
Definition
The approval or confirmation by one person, of an act or contract performed or entered into on his behalf by another, who at the time lacked authority to act as his agent.
Term
Ready, Willing & Able
Definition
A person who is prepared, financially able, and willing to enter into a binding contract.
Term
Reality of Consent
Definition
A contract in which the parties enter knowingly, voluntarity, with no represnetation, duress or mistake.
Term
Realtor
Definition
A broker who belongs to NAR.
Term
Realtor-Associate
Definition
A salesperson that works for a Realtor and belongs to the local Board of Realtors.
Term
Recapture Rate
Definition
A factor used in the cpaitalization approach to value to estimate the return of the investment.
Term
Receiver
Definition
A court appointed custodian who holds property for the court, pending final disposition of the matter before the Court.
Term
Receiver
Definition
A court appointed custodian who holds property for the court, pending final disposition of the matter before the Court.
Term
Reciprocal Beneficiaries
Definition
Where by following strict rules, people who couldn't otherwise marry are given certain rights of those who can.
Term
Reconveyance
Definition
A conveyance to the landowner of the title held by a trustee under a deed of trust.
Term
Recording
Definition
The act of writing or entering an instrument into a book of public records, which constitutes notice to all persons of the rights or claims contained in the instrument; often called contructive notice.
Term
Redemption
Definition
The right of an owner to redeem or reclaim property by paying the debt after default, together with interest and costs, and before sale at foreclosure. Statutory right of redemption refers to the right in some states (but not Hawaii), to redeem the property after foreclosure or other enforcement action, during a certain period of time specified by statute.
Term
Redlining
Definition
A practice by lending institutions restricting the number of loans that will be underwritten in a given community. The practive is illegal if based on the racial composition of a community.
Term
Reduction Certificate
Definition
A certificate showing the unpaid balance of a mortgage, the interest, and the maturity date. Used when a prospective purchaser is going to assume a mortgage ot take title subject to an existing mortgage. It is given by the mortgagee to the assignee.
Term
Refinance
Definition
To obtain a new loan to pay off an existing mortgage or agreement of sale.
Term
Reformation
Definition
An action to correct a mistake in a deed or other document.
Term
Release
Definition
The relinquishment or surrender of a right, claim, or interest.
Term
Release of Mortgage
Definition
The instrument given by the mortgagee to the mortgagor indicating descharge of the mortgage, stating that the obligation has been fulfilled and the debt paid off.
Term
Reliction
Definition
Gradual recession of water from the usual watermark.
Term
Remainder Estate
Definition
An estate created by single grant sumiltaneously with another which vests with a third party after termination of the prior estate; such as a life estate.
Term
Remainderman
Definition
The one in whom an estate vests after termination of a prior estate.
Term
Rendered
Definition
Furnished, presented; performed; made.
Term
Recind
Definition
To annul; cancel.
Term
Rescission
Definition
The annulling. revocation, or repealing of a contract by mutual consent of the parties, or for cause by either party to the contract, and returning the parties to their original position (the "status quo").
Term
Rescission Clause
Definition
A clause occasionally found in an agreement of sale which requires the seller to return all of the buyer's payments less costs and a fair rental value in the event the buyer defaults.
Term
Reservation
Definition
A right retained by a grantor in conveying property.
Term
Reserve Account
Definition
See Customer Trust Fund, or Impound Account.
Term
Restriction
Definition
A clause in a deed or other written instrument limiting the use to which the property may be put.
Term
Restrictive Convenant
Definition
A limitation on the use of a property placed in a deed; a private restriction.
Term
Reverse Annuity Mortgage
Definition
A mortgage whereby the lender makes a monthly payment to the mortgagor, thereby giving him extra money for living expenses, but reducing his equity.
Term
Reversion
Definition
The residue of an estate left to the grantor or his heirs after termination of all prior estates and interests; the right of a lessor to recover possession of leased property upon the termination of the lease, with all subsequent rights to use and enjoy the property.
Term
Reversionary Interest
Definition
A present right to future possession of an estate.
Term
Revocation
Definition
The act of recalling some agreement. power or interest previously given.
Term
Rider
Definition
An addition, addendum or endorsement annexed to a document; it should be signed or initialed.
Term
Right of Elections
Definition
The right of a surviving spouse to 1/3 of the net probate estate of the deceased spouse.
Term
Right of Way
Definition
An easement or right of passage over another's land.
Term
Riparian Rights
Definition
The right of a landowner to the use of water on or adjacent to his land.
Term
Royal Patent
Definition
The instrument of original grant of sovereign lands in Hawaii to individuals.
Term
Running with the Land
Definition
A convenant that extends beyond the original parties to an agreement and binds all subsequent parties.
Term
Sale & Leaseback
Definition
The sale & subsequent leasing back by the seller-lessee.
Term
Sandwich Lease
Definition
A leasehold interest of a sublessor that lies between the primary lease (owner) and the operating lease (user).
Term
Satisfaction of Mortgage
Definition
An instrument used when a lien is paid off and satisfied on the records; also called satisfaction piece.
Term
Second Mortgage
Definition
One that is recorded after a first mortgage, thus secondary in priority.
Term
Secondary Mortgage Market
Definition
The marketplace for the sale and purchase of existing mortgages.
Term
Section
Definition
A section of land established by government survey containing 640 acres, or 1 square mile. Also, a portion of a taz map description.
Term
Security Deposit
Definition
A deposit made to assure performance of an obligation, usually by a lessee.
Term
Seisin
Definition
Possession of real property by one entitled thereto; a warranty that at the time of delivery of a deed, the grantor actually has the right and capacity to convey good legal title; also seizen.
Term
Septic Tank
Definition
An underground tank in which sewage from the house is reduced to liquid by bacterial action and drained off.
Term
Serviant Estate
Definition
An estate of land over which an easement exists in favor of the dominant estate; servient tenement.
Term
Setback
Definition
An ordinance prohibiting the erection of a building or structure between the curb and other established line and the setback line; the distance a house must be set back from the street in accordance with local zoning rules.
Term
Severalty
Definition
Sole or independent ownership.
Term
Severange Damages
Definition
Damages paid to an owner when his property has been partially taken by condemnation, thus reducing the highest and best use of the remaining land.
Term
Short Sale
Definition
A sale where the seller's net proceeds do not bring in an amount substantial enough to cover the amount owed on the mortgage.
Term
Simple Interest
Definition
Interest computed upon the declining balance of a particular amount; as principal declines so does the interest payment.
Term
Single Agency
Definition
The brokerage practice of representing only one party to a real estate transaction, either the buyer or the seller, never both.
Term
Sky Lease
Definition
A lease of space above a piece of real estate.
Term
Special Agent
Definition
One authorized to perform limited specific functions.
Term
Special Assessment
Definition
An assessment generally made against only those specific parcels of realy directly benefiting from the improvement.
Term
Special Warranty Deed
Definition
A deed in which the grantor warrants or guarantees the title only against defects arising during his ownership and not against defects before the time of his ownership.
Term
Specific Performance
Definition
A remedy that the court will grant in certain cases, compelling the defendant to perform or carry out the terms of a valid, existing agreement or contract.
Term
Spot Zoning
Definition
Allows one property in an area to be zoned differently than the rest.
Term
Statute
Definition
A law established by an act of the legislature.
Term
Statute of Frauds
Definition
State law requires among other things that certain contracts relaing to real estate must be in writing to be enforcable at law.
Term
Statute of Limitations
Definition
Laws setting forth the period of time in which suit can be brought for a particular act.
Term
Steering
Definition
Directing prospective buyers or tenants into or away from certain ares on discrimination grounds.
Term
Step-Up Lease
Definition
A lease with fixed increases at stated intervals, or increases based upon periodic appraisals at stated times; graduated lease, graded lease.
Term
Straw Man
Definition
One who purchases property for another to conceal the identity of the real purchaser; a dummy pruchaser; a nominee.
Term
Sub-agent
Definition
An agent working under the main agent, such as a salesperson for a listing broker.
Term
Sublease
Definition
A lease given by a lessee for a portion of the unexpired balance of his term.
Term
Subordination Clause
Definition
A clause in a mortgage or lease stating that the rights of the holder shall be secondary or subordinate to a subsequent encumbrance.
Term
Subrogation
Definition
The substitution of one person in place of another with reference to a lawful claim, demand or right, so that he succeeds to such rights of the other.
Term
Summary Possession
Definition
When for good reason a landloard may terminate a lease and the tenant must appeat and show cause why he should not be evicted. Also called Dispossess Proceeding or Unlawful Detainer.
Term
Surrender
Definition
The cancellation of a lease by an act of mutual consent of lessor and lessee.
Term
Surrender
Definition
The cancellation of a lease by an act of mutual consent of lessor and lessee.
Term
Survey
Definition
The process by which a parcel of land is measured and its area ascertained.
Term
Syndication
Definition
Multiple ownership of an investment, usually inthe form of a limited partnership.
Term
Tacking
Definition
To attach on to another adverse possesor's time.
Term
Take-Out Financing
Definition
Permanent of long-term financing of individual condominium units for their respective buyers.
Term
Tax Deed
Definition
A deed for property sold by a government unit for non-payment of taxes.
Term
Tax Sale
Definition
A sale of property, usually at auction, for non-payment of assessed taxes.
Term
Tenancy At Sufferance
Definition
A tenancy arising when the tenant wrongfully holds over after the expiration of his term. The landlord has the choice of evicting the tenant or accepting him for a similar term and under the conditions of the previous holding.
Term
Tenancy At Will
Definition
Possession and occupancy of land terminate at the will of either party.
Term
Tenancy By The Entirety
Definition
A tenancy held by husband and wife giving each the equal right to possession and enjoyment during their joint lives, along with the right to sole ownership upon the death of either partner.
Term
Tenancy For Years
Definition
Leasing of a property for a fixed period of time.
Term
Tenancy in Common
Definition
Ownership by two or more persons who hold individed interest, without right of survivorship. Upon the death or one tenant, his interest goes to his heirs. Interests need not be equal, and each owner is possessed of the whole of an undivided part.
Term
Tenant's Fixture
Definition
See Trade Fixture
Term
Tender
Definition
To offer; to present
Term
Tenements
Definition
All rights in land that pass with a conveyance of the land.
Term
Testament
Definition
The written declaration of one's last will.
Term
Trespass
Definition
A wrongful invasion of land by one having no lawful right to enter.
Term
Testate
Definition
To die with a will.
Term
Testator
Definition
One who leaves a will in force at his death.
Term
Time is of the Essence
Definition
The requirement of punctual performance; a time period that may not be extended.
Term
Time Sharing
Definition
A form of multiple ownership in which purchasers buy specific time periods for use of the property represneted by tenancy in common interest.
Term
Title
Definition
Evidence that an owner of land is in lawful possession thereof; Ownership.
Term
Title Insurance
Definition
A policy of insurance that indemnifies the holder for loss sustained by reason of a defect in the title, provided the loss does not result from a defect excluded by the policy provisions.
Term
Topography
Definition
The nature of the surface of land.
Term
Torrens System
Definition
A system for the registration of land under state law indicating the status of the title, including ownership and encumbrances, without the necessity of additional search of the public records; Land Court.
Term
Tort
Definition
A negligent or intentional wrong; a wrongful act; violation of a legal act.
Term
Trade Fixture
Definition
Articles of personal property annexed to real property, but which are necessary to the carrying on of a trade and are removable by the owner or tenant when he leaves; Also, tenant's fixture.
Term
Transact
Definition
To conduct business affairs; to carry out, perform or manage.
Term
Transfer Certificate of Title (TCT)
Definition
The Land Court registration document assigned to a property.
Term
Trust Deed
Definition
A deed given by borrower to trustee to be held pending fulfillment of an obligation.
Term
Trustee
Definition
One who holds property in trust for another to secure the performance of an obligation.
Term
Truth-In-Lending
Definition
A federal law that lets borrowers know the exact cost of obtaining credit; a disclosure devise.
Term
Undivided Interest
Definition
Title to property owned by two or more persons, none of whom are entitled to claim or possess any specific part.
Term
Uniform Standards of Professional Appraisal Practice
Definition
A self regulated organization of professional appraisers, promoting high standards in appraisal practices.
Term
Unilateral Contract
Definition
A contract whereby only one party is obligated to perform his obligation to another.
Term
United States Government Survey System
Definition
A method of describing or locating real property by reference to the governmental survey; rectangular survey system.
Term
Unmarketable Title
Definition
A title containing substantial defects that might cause a prospective purchaser to suffer title litigation and possible loss.
Term
Upset Price
Definition
The minimum price at a foreclosure sale below which the property cannot be sold.
Term
Usury
Definition
Charging a rate of interest on a loan greater than that permitted by law. It is presently 12% on personal loans.
Term
Valid
Definition
Having binding force; legally sufficient, authorized by law.
Term
Valuation
Definition
The estimated value of porperty.
Term
Variable Rate Mortgage
Definition
Mortgage in which interest rate will fluctuate depending on terms of mortgage.
Term
Variance
Definition
Permission obtained from zoning authorities permitting the construction of a building or structure that is forbidden by present zoning ordinances; a departure from the current zoning regulation.
Term
Vendee
Definition
The purchaser; buyer
Term
Vendor
Definition
The seller
Term
Venue
Definition
The geographic area in which a court has legal jurisdiction.
Term
Verify
Definition
To confirm or substantiate by oath.
Term
Vested Interest
Definition
A present right or title to realty, but with possession delayed to some uncertain time in the future.
Term
Veterans Administration (VA)
Also, Dept. of Veterans Affairs (DVA)
Definition
An agency of the Federal Government, whose activities include guaranteed repayment of certain loans in the event of default.
Term
Void
Definition
To have no force or effect; that which is unenforcable.
Term
Voidable
Definition
That which is capable of being adjudged void, but is not void unless action is taken to make it so; able to be voided.
Term
Voluntary Lien
Definition
Any lien placed on property with consent of, or as a result of, the voluntary act of the owner, e.g., a mortgage.
Term
Waive
Definition
To relenquish, or abandon; the abandonment of some claim or right.
Term
Warranty Deed
Definition
A deed in which the grantor fully warrants a good clear title to the property; a deed that contains convenants of title.
Term
Waste
Definition
Improper use or damage by one in possession such as tenant or vendee.
Term
Wraparound Mortgage
Definition
Method of financing in which a new mortgage is wrapped around an existing first mortgage, placved in a secondary position; an all-inclusive mortgage.
Term
Writ of Execution
Definition
A writ or court order authorizing and directing an officer of the court to carry out the judgment or decree of the court.
Term
Yield
Definition
The return on an investment; the amount of profit made as a percentage of the amount invested.
Term
Zone
Definition
An area set aside for specific use, subject to certain restrictions or restraints; also part of tax map description.
Term
Zoning
Definition
An act of the city or county authorities by exercise of police power in regulating, controlling or specifying the type of use to which the property may be put in specific areas.
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