Real Estate Terms

Adverse Possession - Possession inconsistent with the right of the record owner.

Deed - A written instrument duly executed and delivered for the purposes of conveying title to real estate.

Easement - A privilege or right of use or enjoyment which one person may have in the lands of another; for example, a right-of-way for utility lines or joint driveway.

Encroachment - The presence of a structure or any improvements partly or entirely upon the property of another.

Encumbrance - Any right to or interest in land which may be held by third parties to the lessening of the value of the title to real estate; such as a judgment, unpaid taxes, other liens or easements.

Equity - The interest or value which an owner has in real estate over and above the debts against it.

Grantee - The buyer of real estate

Grantor - The seller of real estate.

Lien - A hold or claim which one person has upon the property of another as a security for some debt or charge.

Mortgagee - The lender under a mortgage.

Mortgagor - The borrower under a mortgage.

Restriction - A limitation placed upon the use of real estate. Some common restrictions are setback lines prohibiting the erection of any part of a building less than a specified number of feet from the street line.

Title - The sum of all the facts on which ownership is founded, or by which ownership is proved.

Title Defect - Any circumstance that adversely affects or restricts the title or marketability of the property.

Title Failure - Any circumstance that defeats the right of ownership of property by the owner of record.

Title Search - The examination of records comprising a history of the title to real estate.

Warranty Deed - A deed containing a covenant whereby the grantor agrees to protect the grantee against any claimant not recited in the deed.

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