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The right or permission to enter; also the means or place of entry such as a right-of-way across adjoining land.
IN GROSS
A
type of offbeat easement which is not attached to a dominant estate and
is in the nature of a personal right rather than an interest in real
estate. It is not assignable or inheritable.
INSTALLMENT CONTRACT
A
real estate purchase agreement providing for the payment of the
purchase price in several successive payments such as monthly payments.
INSTRUMENT
Any written document by which something is done regarding rights or interests in real estate.
INSURER
One that insures, sometimes called an underwriter, such as a title insurance company.
INTERESTS
Estates, rights, or legal claims in and to real estate.
INTESTATE
Dying without leaving a legal will.
JOINT TAKE-OFF
When
a group of title companies shares the cost of one take-off made for the
use and benefit of each member of the group, it is called a joint
take-off.
JOINT TENANTS
Two or more persons
who hold title to real estate jointly, with equal rights to share in
its enjoyment during their respective lives with the provision that
upon the death of a joint tenant, his share in the property passes to
the surviving tenants, and so on, until the full title is vested in the
last survivor. A joint tenant cannot legally sell or encumber his
interest without the consent or joinder of all of the other joint
tenants.
JUDGMENT
A conclusion or
determination by a court of law usually awarding the payment of money
or relief of some kind to one of the parties to a lawsuit.
JUDICIAL
Of or pertaining to courts of law or the administration of justice.

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JUNIOR MORTGAGE
A mortgage lower in lien priority than a first mortgage.
JURISDICTION
(1)
the right and power of courts to interpret and apply the law. (2) The
legal power of control over persons and property. (3) A geographical
area in which a court has power and authority to act.
JURISPRUDENCE
A system of laws. The science or philosophy of the law.
KAPUT
Destroyed, incapacitated, useless, terminated.
LACHES
Material
delay or negligence in the timely assertion of one's rights. Laches is
a legal principle under which one is barred from asserting or claiming
a right.
LAND
The solid ground of the earth as distinguished from the sea.
LAND CONTRACT
A
contract between buyer and seller for the purchase and sale of land,
the purchase price usually being payable in installments over a
considerable period.
LANDLORD
(1) A person from whom a tenant leases land or buildings. (2) One who runs a rooming house or inn.
LATENT
Existing, but lying hidden or concealed.
LEASE
An agreement granting the use or occupancy of land during a specified period in exchange for rent.
LEASEHOLD
(1) Property held by lease. (2) The estate or interest in real estate created by a lease.
LEGAL
(1) Relating to or concerned with the law. (2) The conformity with or permitted by law.
LESSEE
A tenant holding a lease.
LESSOR
One who gives a lease to a lessee.
LIABILITY
A legal obligation or responsibility for the payment of a loss or damages or a debt.
LICENSE
In
title industry parlance, permission to go upon or use the land of
another, the permission being a personal privilege and not constituting
an interest in the land.
LIEN
The liability
of real estate as security for payment of a debt. Such liability may be
created by contract, such as a mortgage, or by operation of law, such
as a mechanics lien.
LIFE ESTATE
An estate of ownership in real estate which exists only during the term of a certain person's life.
LINEAL
(1) Being in the direct line of descent and inheritance from an ancestor. (2) A direct line as related to a measurement.
LIS PENDENS
A pending lawsuit. A lis pendens notice is legal notice to the world that a lawsuit is pending.
LISTING
(1)
Placing real estate with a broker for sale or lease. (2) A conditional
agreement to pay a commission to the broker if and when he finds a
qualified buyer or tenant.
LITIGATION
Legal proceedings, a lawsuit in which a dispute is submitted to a court for determination.
LOSS
(1)
In title industry parlance, damage suffered by a person resulting from
defects in or liens upon his title to real estate. (2) Money paid by a
title insurance company in settlement of policy claims.
MARKETABLE TITLE
A
title which a court of equity considers to be so free of material
defects and liens that it will force the title's acceptance by
questioning purchaser. Also known as a merchantable title.
MARKET VALUE
An
average between the highest price which a buyer, willing but not
compelled to buy, would pay and the lowest price a seller, willing, but
not compelled to sell, would accept.
MECHANIC'S LIEN
A
lien on real estate, created by operation of law, which secures the
payment of debts due to persons who perform labor or services or
furnish materials incident to the construction of buildings and
improvements on the real estate.
MEETING OF MINDS
The state that exists when all parties to a contract agree to the exact terms thereof.
METES AND BOUNDS
A land description in which boundaries are described by courses, directions, distances, and monuments.
MORTGAGE
(From
the Latin Terms "mors" and "mort" meaning death or dead.) A temporary
conditional pledge of property to a creditor as security for the
payment of a debt which may be killed or cancelled by payment.
MORTGAGE BOOK
A book in the public records in which mortgages are recorded.
MORTGAGEE
The holder of a mortgage. The party to whom a mortgage is made.
MORTGAGEE POLICY
(Sometimes
called a mortgage policy.) A policy of title insurance insuring the
holder of a mortgage against loss occasioned by the impairment or
invalidity of the lien of such mortgage or because of defects in,
superior liens upon, or unmarketability of the title.
MORTGAGOR
A person who mortgages property. A person who executes a mortgage.
MULTIPLE LISTING
The
pooling, in a central bureau, of listings of properties for sale, which
listings are held individually by members of a group of real estate
brokers, with the agreement that any member of the group may sell the
properties and in case of a sale, the commission will be divided among
the broker making the sale, the broker who filed the listing, and the
bureau.
NEGLIGENCE
The omission of or failure to use reasonable precaution, care, or action.
NEGOTIABLE
Capable
of being legally transferred by endorsement from one person to another,
such endorsement carrying with it, without written provisions,
implications of certain contractual obligations.
NET LISTING
The
listing, with a broker, of real estate for sale for a specified price,
net to the seller, exclusive of commission and closing costs.
NOTE
See Promissory Note.
OFFICIAL RECORD BOOK
One
of a set of books in the public records in which is recorded all papers
filed for record. Such books supplant deed books and mortgage books.
OPINION
In
title industry parlance, referred to as title opinion. The conclusion
and judgement of a skilled person as to the status of a title, based
upon a title examination.
OWNER'S POLICY
A
policy of title insurance usually insuring an owner of real estate
against loss occasioned by defects in, liens against, or
unmarketability of the owner's title.
PAROL
Orally,
by word of mouth. For example, if a landowner gives another verbal
permission to gather firewood from such land, or permission to hunt
game thereon, such verbal permission would be called a parol license.
Also, a witness who testifies by word of mouth in court is said to give
parol testimony as contrasted to written evidence which may be
introduced in the case, such as original deeds, wills, correspondence,
or other documents.
PAROL GIFT
A gift made orally, by word of mouth as contrasted to one made in writing.
PARTITION
In
title industry parlance, a lawsuit between joint owners of real estate
in which the court either divides the property between them or orders
the property sold and divides the proceeds between them.
PARTY WALL
A wall built along the boundary line of adjoining properties and shared by the respective property owners or tenants.
PERCENTAGE LEASE
A lease of property in which the rental is based upon the volume of sales made by the lessee on the leased property.
PERIMETER
(1) The boundary lines enclosing a tract of land. (2) The length of the boundary lines enclosing a tract of land.
PERSONAL PROPERTY
Temporary or movable property as distinguished from real estate.
PERSONALTY
Personal property.
PLAT BOOK
One in a set of books in the public records in which maps, plats, and copies of surveys are recorded.
POLICE POWER
The
inherent authority of a government to impose restrictions upon private
property or private rights for the sake of public welfare, order, and
security.
POLICY
See Owner's Policy and Mortgagee Policy.
POWER OF ATTORNEY
A legal instrument authorizing one to act as another's agent or attorney.
PRELIMINARY CERTIFICATE
See Binder.
PREMIUM
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