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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
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formal declaration before an authorized official, by the person who executed the instrument, that it is a free act |
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information a person has actually learned by reading, seeing, or hearing |
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a method of ontaining title to real property by occupying it in an open and hostile manner contrary to the interests of the owner |
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the act of transferring ownership, title, or an interest or estate in real property |
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a right or privilege associated with the property, such as a parking space in a multi unit building |
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written instrument that serves to transfer the rights or interests of one person to another |
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a successive listing of all previous holders of title (owners) back to an acceptable starting point |
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the taking of private real property for a public purpose under the right of eminent domain for a fair price |
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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 |
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the recording of a document or an instrument in the public records designed to give adequate notice to all |
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a type of conveyance; a written instrument to transfer title to real property from one party to another |
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provision placed in deeds to control future uses of the property |
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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 |
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an easement that runs with the land and benefits an adjacent parcel of land |
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an easement created by a court of law in cases where justice and necessity dictate it, such as when propoerty is landlocked |
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a right acquired by an adverse user to use the land of another, created through a court of law after long and uninterrupted use |
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a type of easement that benefits an individual or business entity and is not related to a specific adjacent parcel, for example, utlity easements |
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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 |
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unauthorized use of another person's property |
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the beneficial interest in real estate that applies that an individual will receive legal title at a future date |
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reversionof property to the state when an owner dies without leaving a will or any known heirs |
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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 |
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a claim that may affect all the properties of a debtor |
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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) |
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party of receives a deed or grant; buyer |
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the provision in a deed that specifies the names of the parties involved, the words of conveyance, and a description of the property |
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party who signs and gives a deed; seller |
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an agreement for the tenant to pay a fixed (base) rent with the landlord paying all the expenses associated with the property |
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an agreement for the tenant to lease the land only and erect a building on the land |
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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 |
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when a person dies intestate and the property either descends to the descendent's heirs of transfers to the state through escheat |
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priority is based on the date of recording in the public records |
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title insurance issued for the unpaid mortgage amount to protect the lender against title defects |
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a claim on property for payment of some obligation or debt |
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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 |
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an agreement for the tenant to pay fixed rent plus property costs, such as taxes, insurance and utilities |
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a formal statement by an attorney regarding the status of a title after examination of the chain of title |
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title insurance issued for the total purchase price of the property to protect the new owner against unexpected risks |
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an agreement for the tenant to pay rent based on the gross sales received by doing business on the leased property |
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the authority of government to protect the property, life, health, and welfare of its citizens |
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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 |
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a type of deed that will effectively convey any present interest, claim, or title to real property that the seller (grantor) may own |
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conditions placed by developers that affect how the land can be used in an entire subdivision |
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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 |
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claims that affect only the property designated in the lien instruments or agreements |
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a lessee leasing a property to a third party for a period of time less than the original lease. Also called subletting |
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a written agreement between holders of liens on a property that changes the priorit of the mortgage, judgement, or other leins under certain circumstances |
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a lien that takes priority over all other leins |
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evidence of ownership of real property, such as a deed |
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a policy of insurance that protects the holder from any loss resulting from defectsin the title |
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an agreement for the tenant to pay specified rent increases based on a predetermined index (cpi) st set future dates |
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the transfer of title is accomplished with the owners control and consent |
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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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