| Abstract (of title) --
A condensed history of a title to real estate consisting of a
summary of the various links in the chain of title, together with a
statement of all liens, judgments, taxes or encumbrances affecting the
property |
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| Adverse possession --
Possession inconsistent with the right of the true owner. |
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| Curtesy --
In most states, an estate for life which a husband takes at
the death of his wife in one-third of those properties which she owned at
the time she died. |
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| Deed --
A written instrument duly executed and delivered for the purpose of
conveying title to real estate. |
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| Defect of record --
Any Any encumbrance on a title which is made a part of the
public record. Some recorded defects are judgments, mortgages, other
liens, easements, etc. |
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| Dower --
In most states, an estate for life which a wife takes at the
death of her husband in one-third of those properties which he owned at the
time he died. |
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| 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,
a joint driveway, etc.. |
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| Encroachment --
Trespass; the building of a structure or any improvements
partly or entirely intruding upon the property of another. |
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| 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 ??? ?easements,
etc... |
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| Equity --
The interest or value which an owner has in real estate over
and above the debts against it. |
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| General Warranty Deed --
A deed containing a covenant whereby the grantor
agrees to protect the grantee against any claimant. |
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| Grantee --
The Buyer of real estate. |
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| Grantor --
The seller of real estate. |
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| Hidden defect --
Any encumbrance on a title that is not apparent in the public
records; for example, unknown heirs, secret marriages, forged instruments,
mental in competency, infancy of a grantor, etc.. |
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| Infancy --
That state of being wherein a person has not yet reached the
age of legal majority -- in most states an infant is a person who has not
yet reached the age of 18, although in some states the age of majority is
still 21. |
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| Lien --
A hold or claim which one person has upon the property of another as a
security for some debt or charge. |
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| Mortgagee --
The lender under a mortgage. |
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| Mortgagor --
The borrower under a mortgage. |
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| Partial interest --
Any interest less than a whole; for example, a wife's dower
interest, an heir overlooked in the distribution of an estate (partial
interests in properties may get down to very small fractions). |
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| Perfecting title --
The elimination of all claims made against a title to real
estate. |
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| Restriction --
A limitation placed upon the use of real estate. Some
common restrictions are set-back lines prohibiting the erection of any part
of a building less than a specified number of feet from the street line; an
ordinance restriction land to residential use, etc.. |
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| Special Warranty Deed --
A deed containing a covenant whereby the grantor
agrees to protect the grantee against any claims created by the grantor. |
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| Title --
The sum of all the facts on which ownership is founded or by
which ownership is proved. Possession, the right of
possession and the right of property form a complete title. |
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| Title defect --
Any circumstance that adversely affects the right of the
whole ownership of property by the owner of record. |
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| Title failure --
Any circumstance that defeats the right of whole ownership of
property by the owner of record. |
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| Title search --
The examination of all the records comprising a history of
the title to real estate (see "abstract of title"). |
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| Title search fee --
The charge made by an attorney or abstracter for performing a
title search. |