Philippines Real Estate Glossary & Terminology (A-M)

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Real Estate Glossary and Terminology


ABSTRACT OF TITLE

A summary of or digest of the conveyances, transfer and any other facts relied on as evidence of title together with any other elements of record which may impair the title.

ACCELERATION CLAUSE
A clause in a trust deed or mortgage giving the lender the right to call all sums owing him to be immediately due and payable upon the happening of a certain event.

ACCEPTANCE
When the seller or agent’s principal agrees to the terms of the agreement of sales approves the negotiations on the part of the agent and acknowledges receipts of the deposit in subscribing to the agreement of sales that act is termed an acceptance.

ACCRETION
An addition to land from natural causes as for example from gradual action of the ocean or river waters.

ACKNOWLEDGMENT
A formal declaration before a duly authorized officer by a person who has executed an instrument that such execution is his act and deed.

ACQUISITION
The act or process by which a person procures prosperity.

ADMINISTRATOR
A person appointed by the private court to administer the estate of a person deceased.

AD VALOREM
According to valuation.

ADVERSE POSSESSION
The open and notorious possession and occupancy under an evident claim or right, in denial or opposition to the title of another claimant.

AFFIDAVIT
A statement or declaration reduced to writing sworn to or affirmed before some officer who has authority to administer an oath or affirmation.

AFFIRM
To confirm, to aver, to ratify, to verify.

AGENT
One who represents another from whom he has derived authority. An employee of the principal.

AGREEMENT OF SALE
A written agreement or contract between seller and purchaser on which they reach a meeting of minds on the terms and conditions of the sale.

AIR RIGHT
The right of the property owner to use, control or occupy the air space over his property subject to the requirements of aerial navigations and government regulations.

ALIENATION
The transferring of property to another; the transfer of property and possession of lands, or other things, from one person to another.

ALLUVION
Soil deposited by accretion. An increase of earth on a shore or bank of a river.

AMORTIZATION
The liquidating of a financial obligation on installment basis, also recovery over a period of cost or value.

APPRAISAL
As estimate and opinion of value; a conclusion resulting from the analysis of facts.

APPURTENANCE
Something annexed to another thing which may be transferred incident to it. That which belongs to another thing as a barn, dwelling, garage, or orchard, is incident to the land to which it is attached.

ASSESSED VALUATION
A valuation of property for the purpose of public officer or board as a basis for taxation.

ASSESSED VALUE
Value placed on property as a basis for taxation.

ASSESSMENT
The valuation of property for the purpose of levying a tax or the amount of the tax levied.

ASSESSOR
The official who has the responsibility of determining assessed values.

ASSIGNMENT
A transfer to another of the whole of any property real or personal in possession or in action, or of any estate or right there in.

ASSIGNOR
One who assigns or transfer property.

ASSIGNS ASSIGNEES
Those to whom property shall have been transferred.

ASSUMPTION OF MORTGAGE
The taking of title to property by a grantee wherein he assumes liability for payment an existing note secured by a mortgage or deed of trust against the property; becoming a co-guarantor for the payment of a mortgage or deed of trust note.

ATTACHMENT
Seizure of property by court order usually done to have it available in the event a judgment is obtained in a pending suit.

ATTORNEY-IN-FACT
One who is authorized to perform certain acts for another under a power of attorney; the power of attorney may be limited to a specific act or acts or it may be general .

AUTOMATIC REDEMPTION CLAUSE
A stipulation in a mortgage of several properties providing that when a buyer of one or more lots pays in full the purchase price a portion of the payment shall be applied to the mortgage obligation and the mortgagee shall correspondingly release said lot or lots from the mortgage.

AVULSION
The sudden tearing away or removal of land by action of water flowing over or through it.

BACKFILL
The replacement of excavated earth in a a hole or against a structure.

BALLOON PAYMENT
Where the final installment payment on a note is greater than the preceding installment payments and it pays the note in full such a final installment is termed a balloon payment.

BASE AND MERIDIAN
Imaginary lines used by surveyors to find and describe the location or private or public land.

BENCH MARKS
A location indicated on a durable marker by surveyors.

BENEFICIARY
(1) One entitled to the benefit of a trust: (2) One who receives profit from an estate, the title of which is vested in a trustee: (3) The lender on the security of a note and deed of trust.

BEQUEATH
To give or hand down by a will; to leave by a will.

BEQUEST
That which is given by the terms of a will.

BLANKET MORTGAGE
A single mortgage which covers more than one piece of real estate.

BLIGHTED AREA
A declining area in which real property values are seriously affected by destructive economic forces such as encroaching inharmonious property usages, infiltration of lower social and economic classes of inhabitants and/or rapidly depreciating buildings.

BONA FIDE
In good faith, without fraud.

BREACH
The breaking of a law or failure of duty either by omission or commission.

BUILDING LINE
A line set by law as a certain distance from a street line in front of which an owner cannot build on his lot. (A setback line)

CAPITALIZATION
In appraising, determining value of a property by considering net income and percentage or reasonable return on the investment.

CAPITALIZATION RATE
A reasonable percentage rate or return based on net income. The capitalization rate is used to determine value.

CAVEAT EMPTOR
Means “let the buyer beware.” The buyer must examine the goods or property and buy at his own risk.

CHAIN OF TITLE
A history of conveyances and encumbrances affecting the title from the time the original patent was granted or as far back as records are available.

CHATTEL MORTGAGE
A personal property mortgage.

CHATTEL REAL
An estate related to real estate such as lease on real property.

CHATTELS
Goods or every purchase of property movable or immoveable which are not real property.

CLOSED MORTGAGE
A mortgage which cannot be paid off until its maturity unless the creditor consents to earlier payment.

CLOUD ON THE TITLE
Any conditions revealed by a title search which affect the title to property; usually relatively unimportant items but which cannot be removed without a quit claim deed or court action.

COLLATERAL SECURITY
A separate obligation attached to a contract to guarantee its performance; the transfer of property or of other contracts or valuables to ensure the performance of a principal agreement.

COLLUSION
An agreement between two or more persons to defraud another of his rights by the forms of law or to obtain an object forbidden by law.

COLOR OF TITLE
That which appears to be a good title but which is not a title in fact.

COMMERCIAL PAPER
Bills of exchange used in commercial title.

COMMISSION
An agent’s compensation for performing the duties of his agency; is real estate practice, a percentage of the selling price of property, percentage of rentals, etc.

COMMITMENT
A pledge or promise or firm agreement.

COMMUNITY OR CONJUGAL PROPERTY
Property accumulated through the joint effort of a husband and wife living together.

COMPACTION
Whenever extra soil is added to a lot to fill in low places or raise the level of the lot the added soil is often too loose and soft to sustain the weight of the building. Therefore, it is necessary to compact the added soil so that it will carry the weight of the building without the danger of their titling, settling or cracking.

COMPOUND INTEREST
Interest paid or original principal and also on accrued and unpaid interest which has accumulated.

CONDEMNATION
This is the act of taking private property for public use by a political subdivision; a declaration that a structure is unfit for use.

CONDITIONAL SALE CONTRACT
A contract for the sale of property stating that delivery is to be made for the buyer, the title is remain vested in the seller until the condition of the contract have been fulfilled.

CONDOMINIUM
A system of individual ownership of a unit in a multi-family structure, combined with joint ownership of a common areas of the structure and the land. (Sometimes referred to as vertical subdivision).

CONSIDERATION
Anything of value given to induce entering into a contract, it may be money, personal service, or even love and affection.

CONSTRUCTIVE NOTICE
Notice given by the public records.

CONTRACT
An Agreement, either written or oral to do or not to do certain things.

CONTRACT RENT
The rent for the lease of property as stimulated by the lessor and the lessee.

CONVERSION
A change from one character or use to another.

CONVEYANCE
The transfer of the title of land from one to another. It denotes an instrument which carries from one person to another an interest in land.

CORNER INFLUENCE
The added desirability or utility of a property due to its frontage to two streets, which provides better ventilation for residential purposes easier accessibility and more commercial displays for commercial and industrial utilization.

CORPORATION
A group of body of persons established and treated by laws as an individual or unit with rights and liabilities of both distinct and apart from those of the persons composing it. A corporation is a creature of law having certain powers and duties of a natural person . Being created by law, it may continue for an length of time the law prescribes.

COVENANT
Agreement written into deeds and other instruments promising performance or non-performance of certain acts or stipulating certain uses or non-use of the property.

CUL DE SAC
A passageway with one outlet; a blind alley.

CURTAIL SCHEDULE
A listing of the amounts by which the principal sum of an obligation is to be reduced by partial payments and of the dates when each payment will become payable.

DAMAGES
The indemnity recoverable by a person who has sustained an injury either in his person, property, or relative rights through the act or default of another.

DEED
A written instrument which, when properly executed and delivered conveys title.

DEFAULT
The failure to fulfill a duty or promise or to discharge an obligation: an omission or failure to perform any act.

DEFEASANCE CLAUSE
The clause in a mortgage that gives the mortgagor the right to redeem his property upon the payment of his obligations to the mortgagee.

DEFICIENCY JUDGMENT
A judgment given when the security pledge for a loan does not satisfy the debt upon its default.

DEPRECIATION
The loss of value in real property brought about by age, physical deterioration for functional or economic obsolescence. Broadly, a loss in value from any cause.

DEVISOR
One who receives a bequest made by a will.

DIRECTIONAL GROWTH
The location or direction toward which the residential sections of a city are destined or determined to grow.

EASEMENT
Created by grant or agreement for a specific purpose, an easement is the right, privilege, or interest which one party has in the land of another. (Example: right of way).

ECONOMIC LIFE
The period over which a property will yield a return on the investment, over and above the economic or ground rent to land.

ECONOMIC RENT
The potential rent which a property can command, considering rental of similar or comparable properties in the neighborhood.

EMINENT DOMAIN
The right of the government to acquire property for necessary public or quasi-public use by condemnation.

ENCROACHMENT
Trespass; the building of a structure or construction of any improvements partly or wholly on the property of another.

ENCUMBRANCE
Anything which affects or limits the fee simple title to property such as mortgages, easements, or restrictions of any kind. Liens are money encumbrances which make the property security for the payment of a debt or obligations, such as mortgages and taxes.

EQUITY
The interest or value which an owner has in real estate over and above the liens against it.

EQUITY OF REDEMPTION
The right to redeem property during the foreclosure period, such as a mortgagor’s right to redeem within a year after foreclosure sale.

EROSION
The wearing away of land by the action of water, wing or glacial ice.

ESCALATION CLAUSE
A in a contract providing for the upward or downward adjustment of certain items to cover specified contingencies.

ESCROW
The deposit of instrument and funds with instructions to a third neutral party to carry out the provisions of an agreement or contract; when everything is deposited to enable carrying out the instructions, it is called a complete or perfect escrow.

ESCHEAT
The reverting of property to the estate when heirs capable of inheriting are lacking.

ESTATE
As applied to the real estate practice the term signifies the quantity of interest, share, right, equity or which riches or fortune may consist, in real property. The degree, quantity, nature and extent of interest which a person has in real property.

ETHICS
That a branch of moral science, idealism, justness, and fairness which treats of the duties that a member of profession or crafts owes to the public, to his clients or patron and to his professional brethren or members.

EXCLUSIVE RIGHT-TO-SELL LISTING
A written agreement between an owner and an agent giving the agent the right to collect a commission if the property is sold by anyone during the term of his agreement.

EXECUTE
To complete, to make, to do, to follow out. To execute a deed is to make a deed, including specially signing, sealing and delivering. To execute a contract is to perform the contract, to follow out to the end, to complete.

EXECUTOR
A person named in a will to carry out provisions as to the disposition of the estate of a person deceased.

FAIR MARKET VALUE
The price at which a willing seller will sell and willing buyer will buy neither being under abnormal pressure.

FEE MARKET VALUE
The price at which a willing seller will sell and willing buyer will buy neither being under abnormal pressure.

FEE SIMPLE
In modern estates, the term “Fee” and “Fee Simple” are substantially synonymous. The term “Fee” is of Old English derivation. “Fee Simple Absolute” is an estate in real property, by which the owner has the greatest power over the title which it is possible to have being an absolute estate. In modern use, it is expressly establishes the title of real property in the owner, without limitations or end. He may dispose of it by sale or trade or will as he chooses.

FIDUCIARY
A person in a position of trust and confidence as between a principal and a broker as fiduciary owes a certain loyalty which cannot to breached under rules of agency.

FIXTURES
Appurtenance attached to the land or improvements which usually cannot be removed without agreement as they become real property. Examples, plumbing fixtures, store fixtures built into the property, etc.

FORECLOSURE
A procedure whereby property pledged as security for a debt is sold to pay the debt in the event of default in payments or terms.

FORFEITURE
The loss of money or anything of value, due to failure to perform such as under an agreement to purchase.

FRAUD
The intentional and successful employment of any cunning, deception, collusion or artifice used to circumvent, cheat, or deceive another person whereby that person acts upon it to the loss of his property and to his legal injury.

GIFT DEED
A deed for which the consideration is love and affection and where there is no material consideration.

GRANT
A technical term made use of in deed of conveyance of lands to import a transfer.

GRANTEE
The purchaser: a person to whom a grant is made.

GRANTOR
The seller of property: one who signs the deed.

GROSS INCOME
Total income from property before any expenses are deducted.

GROUND RENT
Earnings of improve property credited to the earnings of the ground itself after allowances is made for earning of improvements; often termed economic rent.

HIGHEST AND BEST USE PRINCIPLE OF
The use which will bring the optimum or highest returns or advantage as a of a certain time.

HOLD-OVER-CLAUSE
A provision in listing agreement which entitles the broker to commission even when he closed the sale after the period of the authority provided that the buyer was registered by him with the seller and with whom he has negotiated during the period of his authority.

HYPOTHECATE
To give a thing as security without the necessity of giving up possession of it.

INCOMPETENT
One who is mentally incompetent, incapable, any person who is not insane, but by the reason of old age, disease or weakness of mind, or any other cause, is unable, if unassisted to manage properly and take care of himself or his property or by reason thereof would likely be deceive or imposed upon by artful or designing persons.

INCREASING AND DIMINISHING RETURNS, PRINCIPAL OF
States that the application of more factors of productions will tend to increase net income up to a certain point beyond which the application of more factors of production will tend to diminish net income.

INJUNCTION
A writ or order issued under the seal of a court to restrain one or more parties to a suite or proceeding from doing an act which deemed to be inequitable or unjust in regard to the rights of some other party or parties in the suit or proceeding.

INSTALLMENT NOTE
A note which provides that payments of a certain sum or amount be paid on the dates specified in the instrument.

INSTRUMENT
A written legal documents created to affect the rights of the parties.

INTEREST RATE
The percentage of a sum of money charged for its use.

INTESTATE
A person who dies having made no will, or having made a will is defective in form in which case his estate descends to his heir at law or next of kin.

INVOLUNTARY LIEN
A lien imposed against property without the consent of an owner; example: taxes, special assessments, income tax liens, etc.

IRREVOCABLE
Incapable of being recalled or revoked: unchangeable.

JOINT NOTE
A note signed by two or more persons who have equal liability for payment.

JOINT TENANCY
Joint ownership by two or more persons with the right of survivorship; all joint tenants own equal interest and have equal rights in the property.

JUDGMENT
The final determination of a court of competent jurisdiction of a matter presented to it; money judgments provide for the payment of claims presented to the court, or awarded as damages, etc.

JURISDICTION
The authority by which judicial officers take cognizance of and decide cause; the right and power which a judicial officer has to enter upon the inquiry.

KEY-LOT
A lot adjoining a corner, at right angle to it, and fronting an intersecting street.

LACHES
Delay or negligence in asserting one’s legal rights.

LAND CONTRACT
A contract ordinarily used in connection with the sale of property in cases where the seller does not wish to convey title until all or a certain part of the purchase price it paid by the buyer; often used when property is sold on a small downpayment.

LANDS, TENEMENTS AND HEREDITAMENTS
A phrase used in the early English law to express all sorts of property of the immovable class. Its present use may be said to express real estate with all fixed improvement thereon, if any.

LEASE
A contract between an owner and a tenant, setting forth conditions upon which the tenant may occupy and use the property and the term of the occupancy.

LEGAL DESCRIPTION
A description by which property can be definitely located by reference to government surveys or approved recorded maps.

LESSEE
One who contract to rent property under a lease contract.

LESSOR
An owner who enters into a lease with a tenant.

LEVERAGE
The use of downpayment to secure an interest in an investment. An example of high leverage be a P1,000.00 downpayment on a P100,000.00 property. If the property goes up in price to P105,000 over a short period of time, the investor will make a 500 percent profit. If the price drops to P99,000.00, the investor loses everything. The higher the leverage, the higher the risk.

LIEN
A form of money encumbrance which usually make property security for the payment of a debt or discharge of an obligation. Example: judgments, taxes, mortgages, deeds of trust, etc..

MARGINAL LAND
Land which barely pays the cost of working or using.

MARKETABLE TITLE
A merchantable title: a title free and clear of objectionable liens and encumbrances.

MARKET PRICE
The price paid regardless of pressures, motives, intelligence.

MARKET VALUE
(1) The price at which a willing seller would sell and a willing buyer would buy, neither being under abnormal pressure; (2) As defined by the courts it is the highest price estimated in terms of money which a property will being if exposed for sale in the open market allowing a reasonable time to find a purchaser with knowledge of the property’s use and capabilities for use.

MATERIAL FACT
A fact is material if it is one which the agent should have realized would be likely to affect the judgment of the principal in giving his consent to the agent to enter into the particular transaction on the specified terms.

MECHANICS LIEN
A lien created by law which exists in favor of persons who have performed services or furnished materials in the erection or repair of a building.

METER AND BOUNDS
Measurements and boundaries.  A term in describing the boundary lines of land, setting forth all the boundary lines, together with their terminal points and angles.

MONUMENT
A fixed object and point establishment by surveyors to establish land locations.

MORATORIUM
The temporary suspension, usually by status of the enforcement of liability for debts.

MORTGAGE
An instrument recognized by law by which property is hypothecated to secure the payment of a debt or obligation; the procedure for foreclosure in the vent of default establishment by statute.

MORTGAGEE
One to whom a mortgagor gives a mortgage to secure a loan or or performance of an obligation; a lender.

MORTGAGOR
One who give a mortgage on  his property to secure a loan or assure performance of an obligation; a barrower.

MULTIPLE LISTING

A listing, usually an exclusive right to sell, taken by a member of an organization composed of real estate brokers, with the provisions that all members will have the opportunity to find an interested client; a corporate listing.

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