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Hawaiian Real Estate Vocab
Principles and Practices of Hawaiian Real Estate
114
Real Estate & Planning
Professional
05/25/2009

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Term
Abandonment
Definition
The relinquishment of all rights and title with no intention of reclaiming ownership.
Term
Abstract
Definition
A disclosure statement to initial condo purchasers.
Term
Abstract Of Title
Definition
A condensed history or digest of the title to a parcel of land consisting of a summary of every recorded instrument, together with a statement of all liens, charges or encumbrances affecting title to that land.
Term
Abutting Owner
Definition
An owner whose land touches a highway or other public place.
Term
Accredited Property Manager
Definition
One awarded such a designation by the Institute of Real Estate Management(IREM)
Term
Acceleration Clause
Definition
A clause in a mortgage or agreement of ale stating that upon default of payment due, immediate and full payment of the balance of the obligation become due and payable.
Term
Access Right
Definition
The right of a property owner to have ingress and egress to and from his property.
Term
Accession
Definition
Acquisition of property by its joining or union with other property
Term
Accretion
Definition
Gradual additions to land, by deposits of sand or soil, by bordering waters through natural causes
Term
Acknowledgement
Definition
A formal declaration made before a notary public or an other authorized person, by a person who has executed an instrument, that his execution is his free act and deed
Term
Acre
Definition
4,840 sq yards
or 43,560 sq ft
Term
Accrued Depreciation
Definition
In appraisal, any loss of utility that causes the actual value of a property to be less that the reproduction cost new.
Term
Actual Authority
Definition
the authority that a principal intially gives his agent
Term
Adjoining Owner
Definition
One whose property is contiguous to another; to be next to.
Term
Administrator
Definition
A person appointed by the court to administer the estate of a deceased person who died intestate, or left no will; a personal representative.
Term
Administrator's Deed
Definition
A deed given by and Administrator
Term
Ad Valorem
Definition
Tax according to valuation
Term
Adverse Possession
Definition
The means of acquiring title to land against the real owner, where possession has been actual, open, hostile,exclusive, continuous, and under claim of right for the statutory period of 20 years
Term
Affidavit
Definition
A statement reduced to writing and sworn to before a notary public or some other authorized officer
Term
Agency
Definition
The legal relationship resulting from and agreement that the agent if authorized by a principal to perform certain acts on his behalf of the principal in dealing with a third party.
Term
Agreement of Sale
Definition
A written agreement in which the buyer agrees to buy certain realty and the seller agrees to sell upon terms and conditions set forth therein. Title remains with the seller until terms and condition are fulfilled; buyer has equitable title; there are two closings
Term
Air Rights
Definition
The rights vested by a grant of an estate in real property to all or any portion of the space above a property.
Term
Alienation
Definition
The transferring of real property from one person to another; to transfer
Term
Allegation
Definition
The assertion or declaration of a party setting out what he expects to prove.
Term
Alluvion
Definition
That increase of soil on a shore bank or a river as a result of accretion.
Term
American Land Title Association(ALTA)
Definition
An extended coverage title insurance policy usually protecting the mortgagee against loss due to error in public record.
Term
American Society of Appraisers (ASA)
Definition
A professional organization of appraisers
Term
Americans with Disabilities Act
Definition
An act protecting the rights of persons with physical or mental disabilities from discrimination in employment, public services and public accommodations; also requires certain buildings to meet strict design standards;employers must make accommodations in employment and training.
Term
Amortization
Definition
The gradual paying off of a debt on an installment basis
Term
Anchor Tenant
Definition
A major tenant in a shopping center that serves as a magnet to attract customers to the center.
Term
Annexation
Definition
The act of attaching, adding, joining, or uniting one thing to another.
Term
Annual Percentage Rate(APR)
Definition
The effective annual cost of credit calculated on the basis of procedures specified by Regulation Z (Truth-in-Lending)
Term
Annuity
Definition
A sum of money that constitutes a series of periodic payments.
Term
Anti-Trust Laws
Definition
Federal and State laws prohibiting conduct that interferes with business competition, such as price fixing, group boycotts,and tying agreements.
Term
Appraisal
Definition
An estimate of value of real estate; the report stating and supporting the estimated value of realty.
Term
Appraisal by Capitalization
Definition
Determine the value of property by by dividing net annual income that the capitalization rate. Used on income producing property.
Term
Appraisal by Cost Approach
Definition
Estimating the value of a piece of property by adding to the estimated land value the estimate of the replacement cost or reproduction cost the building less depreciation. Also called summation or reproduction cost approach.
Term
Appraisal by Market Comparison
Definition
An appraisal of property through the examination and comparison actual sales of comparable properties. Also called "comparable".
Term
Appraisal Institute
Definition
A professional organization of appraisers
Term
Appreciation
Definition
An increased value of property due to economic or or related causes which may prove to be either temporary or permanent.
Term
Appurtenance
Definition
That which has been added to a property, which becomes an inherent part of the property and will pass with it when conveyed; includes improvements.
Term
As - Is
Definition
A phrase indicating the the property is sold in its present conditions with no warranties.
Term
Assemblage
Definition
Putting together two or more properties to form a large parcel. To be distinguished from plottage, which is the resulting value.
Term
Assessment
Definition
A charge against the real estate made by a unit of government or a condo association to cover the proportionate cost of the improvement.
Term
Assignee
Definition
The person to whom an agreement or contract is transferred.
Term
Assignor
Definition
A party who assigns or transfers an agreement or contract to another.
Term
Assignment
Definition
The method or manner by which a right, or contract is transferred from one person to another.
Term
Assumption of Mortgage
Definition
Taking of title property by assuming liability for payment of an existing note secured by a mortgage.
Term
Attachment
Definition
The act of taking realty by judicial order and placing it with in the custody of the court.
Term
Attestation
Definition
The act of witnessing in writing another's execution of an instrument; to affirm to be true or genuine.
Term
Attorney In Fact
Definition
One who is authorized to perform certain acts for another under a power of attorney.
Term
Avulsion
Definition
The sudden removal of land of one owner and depositing on the land of another when a stream changes its channel.
Term
Balloon Payment
Definition
The final installment payment on a note that is greater that the preceding installment payments and pays the note in full.
Term
Bankruptcy
Definition
A condition of financial insolvency in which a person's liabilities exceeds his assets, and he is unable to pay his debts.
Term
Bargain and Sale Deed
Definition
A deed used to convey title to real property, which usually does not include warranties, if any they are generally an assertion by the grantor that he has possession of the property.
Term
Baseline and Meridian
Definition
Imaginary lines used by surveyors in locating and describing lands under the rectangular survey method. The north-south line is the meridian and the east-west line is the base line. Used mostly in mid-western states.
Term
Basis
Definition
The original cost of property plus value of any improvement put in by the seller, minus the depreciation taken by him.
Term
Before and After Method
Definition
An appraisal method used in condemnation cases where there has been a partial taking of property.
Term
Benchmark
Definition
A natural or unnatural permanent reference mark or point established for use in measuring differences in elevation.
Term
Beneficiary
Definition
A person who receives and benefits from the gifts or acts of another; one who receives the proceeds from a will,insurance policy, or trust; the lender in deed of a trust.
Term
Bequeth
Definition
The giving of personal property by will
Term
Biannual
Definition
Something that occurs twice a year
Term
Biennial
Definition
Something that occurs every two years
Term
Bilateral Contract
Definition
A contract in which both parties have reciprocal obligations toward each other.
Term
Bill of sale
Definition
A written instrument that passes title of personal property from seller to buyer.
Term
Binder
Definition
An agreement to cover a down payment for the purchase of real estate on the part of the part of the purchaser;shows the receipt of deposit and outlines the basic terms of the transaction.
Term
Blanket Mortgage
Definition
One mortgage covering two or more specific parcels of realty.
Term
Blockbusting
Definition
The discriminatory practice of encouraging members of one race or creed to move into a neighborhood, then exploiting the situation by persuading residents to sell their houses at deflated prices because of alleged social deterioration of the neighborhood.
Term
Block Interest
Definition
Interest computed on the original face amount and which remains the same as the principal declines.
Term
Bona Fide
Definition
Acting in good faith; without fraud; genuine.
Term
Boot
Definition
the payment to satisfy the difference in equities in an exchange, which maybe cash, personal property, note, financing, or anything of agreed upon value.
Term
Breach of Contract
Definition
Violation of any of the terms or conditions of a contract; default;non-performance.
Term
Broker
Definition
A licensed person who negotiates the purchase and sale of real estate of another.
Term
Budget Mortgage
Definition
A mortgage with payment that covers principal and interest, plus taxes, fire insurance, lease rent, etc.
Term
Building Codes
Definition
Rules established by local governments to regulate construction standards.
Term
Building Owners and Managers Association
(BOMA)
Definition
A professional organization made up of property owners and managers. Part of Building Owners and Managers Institute (BOMI)
Term
Building Restrictions
Definition
Limitations on the use of property or the size and location of improvements established by legislation or by covenant deeds.
Term
Bulk Sales Transfer
Definition
Any transfer of a major part of the materials, inventory or supplies of an enterprise not in the ordinary course of the seller's business.
Term
Bundle of Rights
Definition
Ownership concept in real estate that embraces the rights possession, use, enjoyment, and disposition.
Term
Bureau of Conveyances
Definition
The Hawaii state office which houses all legal documents relative to title to both land court and regular system property recorded since 1848; located in Honolulu.
Term
Buy-down
Definition
The one time, non-refundable prepayment of a portion of the interest of a loan to subsidize reduced monthly payments
Term
Capitalization
Definition
The act of converting future income into current equivalent value.
Term
Capitalization Rate
Definition
The relationship or ratio between the net income from a real estate investment and the value of the investment, usually expressed as a percentage; the rate of interest which is considered a reasonable return on the investment, plus the recapture rate which computes a return of the investment.
Term
Caveat Emptor
Definition
Let the buyer beware; buyer must examine the goods or property and buy at his own risk.
Term
CC&R's
Definition
Stands for covenants, conditions and restrictions.
Term
Certificate of No Defense
Definition
An instrument executed by the mortgagor and attesting to its validity; esstopel certificate.
Term
Certificate of Title
Definition
Issued by Title company, it assures good title as required by buyer.
Term
Certified Property Manager
Definition
A designation awarded to those who have taken courses in property management.
Term
Chain of Title
Definition
A sequential history of the conveyances, encumbrance, and records of ownership to a piece of property through the years from the original grant to the present; the succession of owners as revealed through the public records.
Term
Chattel
Definition
Personal property that is tangible and movable; personalty.
Term
Chattel Mortgage
Definition
Personal property mortgage.
Term
Cite
Definition
To quote as authority or an example; to call to attention or enumerate.
Term
Closing
Definition
The time when a transaction is consummated, or the actual signing over of the documents and delivery of the deed; the time after signing when the documents are recorded.
Term
Closing Statement
Definition
A statement of settlement makde by a broker or an escrow company that reflects the financial position of the buyer or seller in that particular real estate transaction.
Term
Cloud on Title
Definition
Any conditions revealed by a title search which may affect or impair the owner's title to property because of the apparent of probable validity.
Term
Codicil
Definition
A supplement or addition to a will that adds to, subtracts from, alters, revokes, or qualifies the provision of a will.
Term
Collateralized Loan
Definition
A loan secured by property; unlike a debenture.
Term
Color of Title
Definition
That which appears to be a good title but is in fact not a good title, such as title held under a defective deed.
Term
Commingling
Definition
Mixing a clients money with personal funds.
Term
Commission
Definition
An agent's compensation for performance of the duties of his agency; in real estate practice; a percentage of the selling price of the property, or percentage of rentals, etc.
Term
Commitment
Definition
A pledge promise; an agreement.
Term
Common Element
Definition
Under condominium ownership, the land and all parts of the building normally used by all owners for their mutual convenience or safety.
Term
Common Expense
Definition
In a condominium, the expenses of operation; all sums designated as such by the declaration or by-laws.
Term
Common Interest
Definition
The percentage of undivided interest in the common elements of a building appertaining to each apartment in a condominium.
Term
Common Law
Definition
Law that have evolved from general usage and legally established through court decision.
Term
Common Profit
Definition
The The balance of all income, rent, profits and revenues from the common elements remaining after the deduction of the common expenses in a condominium.
Term
Community Property
Definition
Property accumulated and owned in common through joint efforts of husband and wife during their marriage. Hawaii is not a community property state.
Term
Compound Interest
Definition
Interest paid both on the original principal and on interest accrued for the time it fell due.
Term
Condemnation
Definition
The process by which property of a private owner is taken for public use, with just compensation to the owner, under the right of eminent domain.
Term
Condemnee
Definition
One whose property is condemed.
Term
Conditional Fee
Definition
A fee based on a subsequent condition
Term
Condition Precedent
Definition
Where a condition needs to happen prior to the transfer of property.
Term
Condominium Ownership
Definition
the individual outright ownership of a single unit in a multi-unit property together with an interest in the common elements of the property
Term
Consideration
Definition
Valuable consideration, a promise or an act of legal value bargained for,and received in return for a promise; good consideration, love and affection.
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