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Real Estate Terms and Defs
Pre-licensing
165
Real Estate & Planning
Graduate
11/11/2008

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Cards

Term
Accession
Definition
acquiring title to a fixture left behind by a tenant
Term
Air Rights
Definition
the rights to use airspace above a lot
Term
Attorney
Definition
Licensed to practice law
Term
Bundle of Legal Rights
Definition
Ownership of All legal rights, including possession control disposition and enjoyment
Term
Chattel
Definition
Personal Property
Term
Fixture
Definition
Item of personal property that is attached and becomes a part of the real estate
Term
Improvement
Definition
Any man made addition to the property
Term
Land
Definition
Is the Earths surface underneath and to the center of the Earth and above to infinity
Term
Personal Property
Definition
Anything that does not fit the definition of Real Estate
Term
Real Estate
Definition
Land plus man made additions
Term
Real Estate License Law
Definition
Statutes that govern Real Estate brokers and sales people
Term
Real Property
Definition
Interest benefits and rights in the ownership of ???
Term
Severence
Definition
Turning real property into personal property
Term
Subsurface Rights
Definition
Ownership of minerals below surface
Term
Surface Rights
Definition
Term
Trade Fixture
Definition
An article installed by business tenant that can be removed
Term
Air Lot
Definition
Designated airspace over a lot
Term
Base Line
Definition
Imaginary line running East and West perpendicular to Principal Meridian (NS)
Term
Benchmark
Definition
Permanent reference point for elevation
Term
Correction lines
Definition
Every 4th township line there is a correction for North and South
Term
Datum
Definition
Term
Guide Meridians
Definition
Guider spaced every 24 miles North South
Term
Government Check
Definition
Area bounded by two guide meridian and two correction lines
Term
Government Lots
Definition
Fractional Sections in rectangular survey system that are than regular lot
Term
Legal Description
Definition
Description of (?surver) of parcel, complete enough for a surveyor
Term
Lot and Block system
Definition
Describing property by a plat that describes a location
Term
Metes and Bounds
Definition
Legal description that describes boundaries around property and starts and ends at same point
Term
Monument
Definition
Fixed natural or manmade points to describe boundary in metes and bounds system
Term
Plat Map
Definition
A map of a subdivision indicating the location and boundaries of individual properties
Term
Point of Beginning
Definition
The starting and stopping point
Term
Principal Meridian
Definition
One of 35 survey lines running North and South in government survey system
Term
Range
Definition
Strip of land six miles wide (NS)
Term
Rectangular (government) Survey System
Definition
A system start in 1785 by government based on Principal Meridians and Base Lines
Term
Section
Definition
One of 36 one mile squares that make up a township; in rectangular survey system
Term
Township Line
Definition
lines running at six-mile intervals parallel to the base lines in the rectangular survey system.
Term
Township Square
Definition
The principal unit of the rectangular survey system; a square with six mile sides and is 36 square miles.
Term
Appurtment Easement
Definition
Easement on 2 adjoining lots where there is dominant and subserviant life estate
Term
Curtesy
Definition
Term
deed restriction
Definition
a limitation to the future use of property
Term
dower
Definition
legal right or interest in life estate left by deceased husband to widow
Term
easement
Definition
authorized use for someone elses property
Term
easement by condemnation
Definition
acquired by the public body, after just compensation
Term
easemetn by necessity
Definition
allowed by law for ingress and egress to your property
Term
eament by prescription
Definition
acquired by continuous open, uninterupted exclusive and adverse uses othe the property for the period recquired by law
Term
easemtn in gross
Definition
easemetn over number of properties not neccessary for the use
Term
eminent domain
Definition
acquiring property for public use after condemnation
Term
encroachment
Definition
unauthorized wall of fence on your property
Term
encumbrance
Definition
a claim or liability that attaches to preperty taht affect value
Term
escheat
Definition
die without will and heirs, property reverts back to the state
Term
estate in land
Definition
degree and quantity in which you have real estate property
Term
Fee Simple Absolute
Definition
Maximum possible estate, continueing forever
Term
Fee Simple deafeasible
Definition
And estate in land which ???
Term
Freehold Estate
Definition
Ownership for an indeterminable length of time
Term
Future Interest
Definition
A persons present right that will result in ownership in the future
Term
Homestead
Definition
Land that is acquired as your primary residence and is protected by non secured debts and judgments
Term
Leasehold Estate
Definition
A tenants right to occupy during the lease
Term
License
Definition
Revocable permission to use someones property
Term
Lien
Definition
A right given to a creditor to have your debt paid from sale of property
Term
Life Estate
Definition
Interest in Real Estate taht is land to your lifetime
Term
Littoral Rights
Definition
Non Moving body of Water
Term
Party Driveway
Definition
Shared driveway where each party has easemetn
Term
Party Wall
Definition
One Wall supporting two structures (think zero lot line)
Term
Police Power
Definition
Government right to impose laws that affect your property
Term
Prior Appropriation
Definition
Water belongs to the state; you must have prior permit to use it.
Term
Remainder interest
Definition
Part of property life tenant gets to use; reverts back to landowner after death
Term
Reversionary interest
Definition
Remnant of property after giving life estate
Term
Riparian Rights
Definition
Moving body of water
Term
Taxation
Definition
Process to raise money for government operation
Term
Beneficiary
Definition

A person whom a trust is set up for.
Term
Common Elements
Definition
Anything makes property valuable
Term
Community Property
Definition
Any property acquired during marriage
Term
Condominium
Definition
Absolute ownership of unit and undivided intereset in covenant of home
Term
Cooperative
Definition
A multi unit building owned by a cooperation tenant has shares and propriatery lease in property
Term
Co-ownership
Definition
Ownership by more than one party
Term
Corporation
Definition
Business that can own in severalty
Term
General Partnership
Definition
Association of two or more with full liability
Term
Joint Tenacy
Definition
Ownership must be taken at the same tiem in equal percentages with right of suvivorship
Term
Limited Partnership
Definition
Business arrangement with partners who can lose just thier investment
Term
Partition
Definition
Court suit to divide partners by
Term
Partnership
Definition
An association of two or more business partners
Term
Right of Survivorship
Definition
Distinquishes joint tenacy, ownership by deceased tenant
Term
Separate Property
Definition
Property that brought into a marriage or a gift of inheritance
Term
Sevaralty
Definition
Ownership by one party
Term
Syndicate
Definition
A combo of people or firms to buy a larger property
Term
Tenancy by the entirety
Definition
Joint ownership by husband and wife
Term
Tenancy in common
Definition
Joint ownership that can be taken by anytime in any percentage with right of inheritance
Term
Time-sharing
Definition
Ownership for a certain period each year
Term
Trust
Definition
Fiduciary arrangement where by property is conveyed by trustor to a person or institution called trustee on behalf of a beneficiary
Term
Acceptance
Definition
Act by which the grantee received title
Term
Adverse Possession
Definition
Actual visible hostile notorious exclusive and continuous possession of anothers land under a claim of title
Term
BArgain and sale deed
Definition
carries no warranties against liens but does imply grantor has title
Term
Deed
Definition
Written instrument that when executed and delivered transfers title
Term
Deed in trust
Definition
Used to convey title to a trustee
Term
Delivery
Definition
Before a transer can take affect
Term
Descent
Definition
Inheritance acquisition of an estate
Term
Escheat
Definition
To die witout will and without heirs; property reverts back to the state
Term
General Warranty Deed
Definition
Fully warrants and clear title with five covenants
Term
Grantee
Definition
Person receiving title
Term
Granting Clause
Definition
Words in conveyance telling type of deed being used
Term
Grantor
Definition
Person who tranfers title
Term
Habendum clause
Definition
Words in the deed to have and to hold
Term
Intestate
Definition
Dieing without a will
Term
Involuntary alienation
Definition
Transer of title without your permission
Term
Marketable title
Definition
Property is owned by seller who has right to sell it
Term
Minor
Definition
Someone who has not reached the age of majority who can sign contracts
Term
Probate
Definition
Legal process to determine your heirs
Term
Quitclaim Deed
Definition
Transfers title with no warranties
Term
Reconveyance Deed
Definition
Transfer title back to trustor after payoff
Term
Recording
Definition
Making a document a public record
Term
Special Warranty Deed
Definition
Warrantees only against title defects only during title ownership
Term
Testate
Definition
Having made and left a valid will
Term
Title
Definition

Right to and evidence of ownership of property
Term
Transfer tax
Definition
Tax stamps required by state or local law
Term
Trust deed
Definition
Creates a mortgage like lien on a property
Term
Trustee's deed
Definition
Executed by a trustee conveying land held in trust
Term
Voluntary Alienation
Definition
Transfer of property with your permission
Term
Will
Definition
Written document property witnessed providing for your property after death
Term
Abstract of Title
Definition
Condensed history of all the conveyances
Term
Actual Notice
Definition
Expressed information of the facts
Term
ALTA Policy
Definition
Title policy that conforms to the uniform standards set by the American Land Title Association
Term
Attrorney's opinion of title
Definition
Abscract examined by lawyer and deemed valid
Term
Bulk Transfer
Definition
Sale of a major part of business in its entirety
Term
Caveat Emptor
Definition
Let the buyer beware
Term
Certificate of Title
Definition
Statement of Opinion of the status of title
Term
Chain of Title
Definition
Succession of title conveyances
Term
Constructive Notice
Definition
Notice given to the world of interest in real estate
Term
Evidence of Title
Definition
Proof of ownership in 4 ways: Cert of title, title ins. policy
Term
Financing Statement
Definition
REquired by UCC security
Term
Marketable Title
Definition
Seller has clear title or can make the title clear upon conveyance
Term
Recording
Definition
Legal public and constructive notice to the world of parties interest in real estate
Term
Security Agreement
Definition
Creates a security interest in chattels with complete description read by UCC
Term
Subrogation
Definition
Substitute one creditor for another
Term
Suit to quiet title
Definition
A court action intended to remove a cloud on title
Term
Title Insurance
Definition
A policy that protects a loss due to defect in title
Term
Torrens System
Definition
Evidencing title by registering title, liens are only valid if ...?
Term
Uniform Commercial Code
Definition
UCC: Codification that makes laws similar throughout the US
Term
Ad Valorem Tax
Definition
Real Estate tax for added value; a general tax
Term
Assessment Roll
Definition
Spreading taxes over area
Term
Attachment
Definition
Taking a persons property in legal custody after winning lawsuit
Term
Bail Bond
Definition
Specific lien placed against a court appearance
Term
Corporation Franchise Tax
Definition
Tax on a corporation to operate in State
Term
Equilazation Factor
Definition
Figure set by local taxing that equilizes
Term
Equitable lien
Definition
Lien imposed by court action in fairness
Term
Estate Taxes
Definition
Federal Taxes on a deceased persons assets
Term
General Lien
Definition
A lien against all your property real and personal
Term
Inheritance Tax
Definition
State Taxes on a deceased persons assets
Term
Internal Revenue Service Tax Lien
Definition
A general lien imposed for non payment of IRS taxes
Term
Involuntary Lien
Definition
Lien imposed without owners permission
Term
Judgment Lien
Definition
A lien placed after a formal decision in court
Term
Lien
Definition
Right given to creditor from sale of property
Term
Mill
Definition
One tenth of a cent
Term
Mortgage Lien
Definition
Lien created for security of a debt
Term
Priority
Definition
Order of payoff of liens, by recording date
Term
Redemption
Definition
Buying back property sold at foreclosure
Term
Redemption Period
Definition
Time state laws allow for redemption
Term
Special Assessment
Definition
A levy against property for public improvement
Term
Specific Lien
Definition
Lien attached to one property
Term
Staturory Lien
Definition
Lien imposed by law
Term
Subordination Agreement
Definition
Written agreement between lenders to change order of payoff
Term
Surety bail bond
Definition
Insurance policy guarantees court appearance
Term
Tax foreclosure
Definition
Court sale for non payment of taxes
Term
Tax lien
Definition
Lein imposed for non payment of taxes
Term
Tax Sale
Definition
Court ordered sal of non payment of taxes
Term
Voluntary Lein
Definition
Lien placed with you permission
Term
Mechanic Lien
Definition
Lien in favor of contractor for material or labor
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