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.
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.
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.
An addition to land from natural causes as for example from gradual action of the ocean or river waters.
A formal declaration before a duly authorized officer by a person who has executed an instrument that such execution is his act and deed.
The act or process by which a person procures prosperity.
A person appointed by the private court to administer the estate of a person deceased.
According to valuation.
The open and notorious possession and occupancy under an evident claim or right, in denial or opposition to the title of another claimant.
A statement or declaration reduced to writing sworn to or affirmed before some officer who has authority to administer an oath or affirmation.
To confirm, to aver, to ratify, to verify.
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.
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.
The transferring of property to another; the transfer of property and possession of lands, or other things, from one person to another.
Soil deposited by accretion. An increase of earth on a shore or bank of a river.
The liquidating of a financial obligation on installment basis, also recovery over a period of cost or value.
As estimate and opinion of value; a conclusion resulting from the analysis of facts.
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.
A valuation of property for the purpose of public officer or board as a basis for taxation.
Value placed on property as a basis for taxation.
The valuation of property for the purpose of levying a tax or the amount of the tax levied.
The official who has the responsibility of determining assessed values.
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.
One who assigns or transfer property.
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.
Seizure of property by court order usually done to have it available in the event a judgment is obtained in a pending suit.
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.
The sudden tearing away or removal of land by action of water flowing over or through it.
The replacement of excavated earth in a a hole or against a structure.
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.
A location indicated on a durable marker by surveyors.
(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.
To give or hand down by a will; to leave by a will.
That which is given by the terms of a will.
A single mortgage which covers more than one piece of real estate.
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.
In good faith, without fraud.
The breaking of a law or failure of duty either by omission or commission.
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)
In appraising, determining value of a property by considering net income and percentage or reasonable return on the investment.
A reasonable percentage rate or return based on net income. The capitalization rate is used to determine value.
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.
A personal property mortgage.
An estate related to real estate such as lease on real property.
Goods or every purchase of property movable or immoveable which are not real property.
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.
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.
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.
Bills of exchange used in commercial title.
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.
A pledge or promise or firm agreement.
COMMUNITY OR CONJUGAL PROPERTY
Property accumulated through the joint effort of a husband and wife living together.
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.
Interest paid or original principal and also on accrued and unpaid interest which has accumulated.
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.
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).
Anything of value given to induce entering into a contract, it may be money, personal service, or even love and affection.
Notice given by the public records.
An Agreement, either written or oral to do or not to do certain things.
The rent for the lease of property as stimulated by the lessor and the lessee.
A change from one character or use to another.
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.
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.
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.
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.
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.
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.
A written instrument which, when properly executed and delivered conveys title.
The failure to fulfill a duty or promise or to discharge an obligation: an omission or failure to perform any act.
The clause in a mortgage that gives the mortgagor the right to redeem his property upon the payment of his obligations to the mortgagee.
A judgment given when the security pledge for a loan does not satisfy the debt upon its default.
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.
One who receives a bequest made by a will.
The location or direction toward which the residential sections of a city are destined or determined to grow.
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).
The period over which a property will yield a return on the investment, over and above the economic or ground rent to land.
The potential rent which a property can command, considering rental of similar or comparable properties in the neighborhood.
The right of the government to acquire property for necessary public or quasi-public use by condemnation.
Trespass; the building of a structure or construction of any improvements partly or wholly on the property of another.
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.
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.
The wearing away of land by the action of water, wing or glacial ice.
A in a contract providing for the upward or downward adjustment of certain items to cover specified contingencies.
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.
The reverting of property to the estate when heirs capable of inheriting are lacking.
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.
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.
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.
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.
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.
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.
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 and other fixes which could be resolve using the plumber ipswich services online.
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.
The loss of money or anything of value, due to failure to perform such as under an agreement to purchase.
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.
A deed for which the consideration is love and affection and where there is no material consideration.
A technical term made use of in deed of conveyance of lands to import a transfer.
The purchaser: a person to whom a grant is made.
The seller of property: one who signs the deed.
Total income from property before any expenses are deducted.
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.
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.
To give a thing as security without the necessity of giving up possession of it.
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.
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.
A note which provides that payments of a certain sum or amount be paid on the dates specified in the instrument.
A written legal documents created to affect the rights of the parties.
The percentage of a sum of money charged for its use.
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.
A lien imposed against property without the consent of an owner; example: taxes, special assessments, income tax liens, etc.
Incapable of being recalled or revoked: unchangeable.
A note signed by two or more persons who have equal liability for payment.
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.
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.
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.
A lot adjoining a corner, at right angle to it, and fronting an intersecting street.
Delay or negligence in asserting one’s legal rights.
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.
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.
A description by which property can be definitely located by reference to government surveys or approved recorded maps.
One who contract to rent property under a lease contract.
An owner who enters into a lease with a tenant.
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.
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..
Land which barely pays the cost of working or using.
A merchantable title: a title free and clear of objectionable liens and encumbrances.
The price paid regardless of pressures, motives, intelligence.
(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.
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.
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.
A fixed object and point establishment by surveyors to establish land locations.
The temporary suspension, usually by status of the enforcement of liability for debts.
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.
One to whom a mortgagor gives a mortgage to secure a loan or or performance of an obligation; a lender.
One who give a mortgage on his property to secure a loan or assure performance of an obligation; a barrower.
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.
Capable of being negotiated; assignable or transferable in the ordinary course of business.
A listing which provides that the agent may retain as compensation for his services all sums received over and above a net price to the owner.
A signed written instrument acknowledging a debt and promising payment.
NOTICE OF QUIT
A notice to a tenant to vacate rented property.
Loss in value due to reduced desirability and usefulness of a structure because its design and construction become obsolete; loss because of becoming old-fashioned and not in keeping with the modern need with consequent loss of income.
A statement by the owner of property or the owner of a lien against property, setting forth the present status of lien against the said property.
A mortgage which can be paid off any time even before its maturity.
A mortgage containing a clause which permits a mortgagor to borrow additional money after the loan was reduced, without re-writing the mortgage.
An authorization given by a property owner to a real estate agent wherein said agent is given the non-exclusive right to secure a purchaser; open listing may be given to any number of agents without liability to compensate any except the one who first secures a buyer ready, willing and able to meet the terms of the listing or secures the acceptance by the seller of a satisfactory offer.
A right given for a consideration to purchase or lease a property upon specified terms within a specified time.
A verbal agreement; one who is not reduced to writing.
An improvement which is not suitable to the site on which it is placed due to excessive size or cost.
A partnership as between partners themselves maybe defined to become a contract of two or more persons to unite their property, labor or skill, or some of them in persecution or some joint or lawful business, and to share the profits in certain proportions.
Market value, nominal value.
A conveyance of title to government land.
A lease of property in which the rental is based upon the volume of sales made upon the leased premises.
Any property which is not real property. Find more locksmith information on their website.
The depositing of personal property by a debtor with a creditor as security for a debt arrangement.
One who is given a pledge or a security.
One who offers a pledge or gives security.
The right of the state to enact laws and enforce them for the order, safety, health, morals and general welfare of
POWER OF ATTORNEY
An instrument authorizing a person to act as the agent of the person granting it, and a general power
authorizing the act generally in behalf of the principal. As special power limits the agent to a particular or specific act as: a
land-owner may grant an agent special power of attorney to convey a single and specific parcel of property. Under the provisions of
a general power of attorney, the agent having the power may convey any or all property of the principal granting the general power of attorney.
The securing of title to property by adverse possession: by occupying it for the period determined by the law barring action for recovery.
Presumptive on its face.
The employer of an agent.
A mutual relationship to the same rights of property; a contractual relationship.
The act of a broker leading to the meeting of minds between the parties to a transaction or the
consummation of transaction.
PROGRESSION, PRINCIPLE OF
The association of a property with inferior properties will tend to lower the value of the former.
PRORATION OF TAXES
To divide or prorate the taxed equally or proportionately to the time of use.
PURCHASE MONEY MORTGAGE OR TRUST DEED
A trust or mortgage given as part or call of the purchase consideration for property.
A court action brought to establish title: to remove a cloud on the title.
A deed to relinquish any interest in property which the grantor may have
Real property. Property in land and improvements that which is not personal property.
REAL ESTATE BOARD
An organization where members consist of primarily of real estate brokers and salesmen.
A real estate broker holding active membership in a real estate board affiliated with the Philippine Association of Realtors Boards.
The transfer of the title of the land from one person to the immediate preceding owner.
Buying back one’s property after a judicial sale.
An action to correct a mistake in deed or other document.
This is a stipulation that, upon the payment of a specific sum of money to the holder of a trust deed or mortgage, the lien of the instrument as to a specific described lot or area shall be removed from the blanker lien on the whole area involved.
RESCISSION OF CONTRACT
The abrogation or annulling of a contract; the revocation or repealing of a contract by mutual consent by the parties to the contract, or for cause by either party to the contract.
A right retained by a grantor in conveying property.
The term as used relating to real property, means the owner of real property is restricted in or prohibited from doing certain things relating to the property for certain purposes. For instance, the requirements in a deed that a lot maybe used for the construction of not more than a one-party dwelling, costing not less than ten thousand pesos (P10,000.00), is deemed to be restriction: also a legislative ordinance affecting all properties in a given area, requiring that improvement on property shall not be constructed any closer than twenty feet from the street curb, is a restriction by operation of law.
The right to future possession or enjoyment by the person, or his heirs, creating the preceding estate.
The interest which a person has in lands or other property, upon the termination of preceding estate.
RIGHT OF SURVIVORSHIP
The right to acquire the interest of a deceased joint-owner; distinguished feature of a joint tenancy.
RIGHT OF WAY
A privilege operating as an easement upon land, whereby the owner does by grant, or by agreement, give to another the right to pass over his land; to construct a roadway over, or use as a roadway, a specific part of his land, telephone, telegraph, or electric power lines, or the right to place underground water mains, gas mains or sewer mains.
The right of a landowner to water, on, under, or adjacent to his land.
SALE AND LEASEBACK
A contract wherein the buyer of a property agrees to lease the same property to the seller.
A contract by which a buyer and a seller agree to terms of sale.
The discharge of a mortgage or a trust deed lien from the records upon payment of the evidence debt.
An impression made to attest the execution of an instrument.
The distance from the curb or other established line, within which no building may be erected.
A deed given by the court order in connection with the sale of property to satisfy a judgment.
A legal charge against real estate by a public authority to pay the cost of public improvements such as street light, sidewalks, street improvements, etc.
A remedy in court compelling the defendant to carry-out the terms of the agreement of contract which was executed.
STATUTE OF FRAUDS
A state of law which provides that certain contracts must be in writing in order to be enforceable at law. Examples: a real property lease for more than one year; an agent’s authorization to sell real estates.
STEWARDSHIP CONCEPT OF OWNERSHIP
Obliges owners to utilize their property in a manner that will benefit not only their interest but also the general welfare. When the extent of one’s ownership exceeds the requirements of his necessities or when property utilization is not conductive to general welfare, then the state may exercise its power and authority to regulate or control ownership.
A clause in a junior or second lien permitting retention of priority for prior liens. A subordination clause may also be used in a first deed of trust permitting it to be subordinated to subsequent liens, as, for example: the liens of construction loans.
A process to cause a witness to appear and give testimony.
SUBSTITUTION PRINCIPLE OF
The value of replaceable property tends to be indicated by the value of an equally desirable substitute property.
One who guarantees the performance of another. Guarantor.
A sale of property after a period of non-payment of taxes.
TENANCY IN COMMON
Ownership by two or more persons who hold undivided interest, without right or survivorship, interest need not be equal.
TENURE IN LAND
The mode or manner by which a man has an estate in lands.
TIME IS OF THE ESSENCE
One of the essential requirements to forming of a binding contract: contemplates a punctual performance.
Evidence that the owner of land is in lawful possession thereof; an instrument evidencing the ownership.
Insurance written by a title company to protect a property owner against loss of the title.
The nature of the surface of land; topography may be level, rolling, mountainous.
A system of title records provided by law; a certificate issued by register of deeds.
A deed given by a borrower to a trustee to be held pending fulfillment of an obligation, which is ordinarily repayment of a loan to a beneficiary.
One who holds property in trust for another to secure the performance of an obligation.
One who deeds his property to a trustee to hold as security until he has performed his obligation to a lender under terms of a deed of trust.
Increase in value of real property without any effort of or cost to the owner.
An improvement which is not suitable to the site on which it is placed due to deficient size or cost.
Land which partakes the nature of both rural land and urban land; usually found of a city, which has a characteristics or atmosphere of a province while enjoying the amenities of an urban land.
City property; closely settled property.
On a loan, claiming a rate of interest greater than that permitted by law.
Having force or binding force; legally sufficient and authorized by law.
Estimated worth of price: Estimate, the act of valuing by appraisal.
A purchaser; a buyer.
A seller: one who disposes of a thing in consideration of money.
A sworn statement before a duly qualified officer to the correctness of contents of an instrument.
Bestowed upon someone; secured by someone, such as title to property.
To have no force or effect; that which is unenforceable.
That which is capable of being adjudged void, but is not void unless action is taken to make it so.
Any lien is placed on property with the consent, or as a result of the voluntary act of the owner.
To relinquish or abandon to forego a right to enforce or require anything.
A deed used to convey real property which contains warranties of titles and quite possession. In a warranty deed, the grantor agrees to defend the premises against the lawful claims of third person.
The area set off by the proper authorities for specific use; subject to certain restrictions or restraints.
The act of city or municipal authorities specifying the type of use to which property may be put in specific area