HOMEJRE TeamResourcesContact Us1031 Ecxchange                         MapSearch

ResidentialAcreageRanchesCommercial

 

| C | D | E | F | G | H | I | J | L | M | N | O | P | Q | R | S | T | U | V | W | X | Y | Z 

A
ABANDONMENT The surrender, relinquishment, disclaimer, or cession of property or of rights to property.
ABATEMENT To put an end to.
ABSTRACT An abridgment as applied to a record, as an abbreviated form or a summary of that record.
ABSTRACT OF JUDGMENT A brief transcript of the essentials of a judgment.
ABSTRACT OF TITLE A summary of the conveyances, transfers, and other facts appearing of record and relied upon as evidence of title to real property.
ABUTTING Touching or bordering upon. No intervening land.
ACCELERATION CLAUSE Promissory and security interest clause which specifies conditions under which the lender may advance the time when the entire debt, plus accrued interest, is due and payable.
ACCEPTANCE The act of agreeing or consenting to the terms of an offer thereby establishing "the meeting of the minds" that is an essential element of a contract.
ACCOMMODATION RECORDING The recordation of an instrument without consideration and without assumption of responsibility for correctness or validity.
ACKNOWLEDGMENT A formal declaration made before an authorized person, e.g., a notary public, by a person who has executed an instrument stating that the execution was his/her act. Authenticates the identity of the signor.
ACRE A tract of land totaling 43,560 square feet, 160 square rods, 4,840 square yards, or about 208.71 feet square.
ACTION An ordinary proceeding in a court of justice by which one party prosecutes another for the enforcement or protection of a right, the redress or prevention of a wrong, or the punishment of a public offense.
ACTION IN PERSONAM An action in which judgment is sought against a person.
ACTION IN REM An action in which judgment is sought against property to determine its status.
ACTUAL NOTICE Notice in fact or in reality to or by a party directly and personally.
AD VALOREM According to value.
ADJOINING OWNERS Two or more owners whose parcels of land are contiguous
ADJUSTABLE RATE MORTGAGE (ARM) A loan which bears interest at a rate subject to change during the term of the loan.
ADMIN Administrative Code
ADMINISTRATOR A person appointed by a probate court to settle the affairs of an individual dying without a will.
ADMINISTRATRIX A woman administrator
ADVANCE Transfer of funds from a lender to a borrower in advance on a loan         
ADVERSE POSSESSION A method of acquiring title to real property through possession of the property for a statutory period under certain conditions by a person other than the owner of record.
AFFIANT A person who has made an affidavit.
AFFIDAVIT  A written statement or declaration sworn to or affirmed before some officer who has authority to administer an oath or affirmation. May alternately be signed under penalty of perjury stating that the contents are true and correct. 
AFFIRMATION      A declaration in writing under penalty of perjury.   
AGENT One who acts on behalf of another.
AKA Also known as.
ALIENATION CLAUSE Provision in a security instrument calling for automatic maturity in the event of a sale or other conveyance of title by borrower or subsequent owner.
ALL INCLUSIVE DEED OF TRUST A deed of trust securing payment of obligation(s) owing under prior deed(s) of trust in addition to the amount of money borrowed from or owed to beneficiary
ALTA TITLE POLICY (American Land Title Association) A type of title insurance policy issued by title insurance companies. Usually issued to mortgage lenders. Insures against additional risks not covered by an Owner's Title Policy.          
AMORTIZATION The liquidation of a financial obligation on an installment basis also recovery of cost over a period of time.
ANNEXATION To incorporate within the boundaries of a city, county or district.
ANTENUPTIAL Before marriage.
APOSTILLE An authentication of a notary used by countries who are parties to the Hague Convention.
APPELLANT A party appealing a court decision or ruling.
APPRAISER One qualified by education, training and experience who is hired to estimate the value of real and personal property.
APPURTENANCE Anything incidental to or belonging to land considered a party of the real property.
APPURTENANT Belonging to.
ARBITRARY MAP A map made by a title company for its own convenience in identifying parcels of real property.
ASSESSED VALUE Value of property for taxation purposes.
ASSESSMENT The imposition of a tax, charge, or levy, usually according to established rates.
ASSESSMENT MAPS Maps designating the boundaries of an assessment district
ASSESSOR A public official who evaluates property for the purpose of taxation.
ASSESSOR'S PARCEL MAP Maps produced by the Assessor. These maps, also called Assessor's Plat Maps or AP Maps, depict and identify land units within the Assessor's jurisdiction by Assessor's Parcel Number.
ASSESSOR'S PARCEL NUMBER A book, page / block and parcel numbering system used by the Assessor's Office to identify property.
ASSIGN To transfer any or all of an interest.
ASSIGNEE One to whom a transfer of interest is made as the assignee of a mortgage or contract.
ASSIGNOR One who makes an assignment as the assignor of a mortgage or contract.
ASSUMPTION OF TRUST DEED A formal agreement by buyer to assume terms of existing trust deed or mortgage.
ATTACHMENT Process of legal seizure of property. Property seized is retained in custody of the court often to provide security for a debt or until ownership issues can be determined.
ATTORNEY IN FACT One who holds a power of attorney from another allowing him to execute legal documents on behalf of another.
C
CAPITA Heads; persons.
CAPTION The heading or title of a document.
CAVEAT EMPTOR Let the buyer beware.
CC Civil Code
CC&R'S Covenants, conditions and restrictions. The basic rules establishing the rights and obligations of owners of real property.
CCP Code of Civil Procedure
CEMETERY MAP Map establishing plots within a cemetery.
CERTIFICATE OF ACCEPTANCE An attachment to a conveyance certifying that the interest in real property, conveyed by the deed or grant, is accepted by the legislative body
CERTIFICATE OF CORRECTION A document that amends and corrects a map that has already been recorded.
CERTIFICATE OF TITLE Certified statement as to land ownership based upon examination of record title.
CFR Code of Federal Regulations
CHAIN A term of land measurement being 66 feet in length.
CHAIN OF TITLE A term applied to the past series of transactions and documents affecting the title to a particular parcel of land.
CHARTER An instrument creating and defining the franchises of a city, educational institution or corporation.
CHATTEL An item or article of personal property.
CHATTEL MORTGAGE           Obsolete name for mortgage of personal property.  
CLEAR TITLE          One which is not encumbered or burdened with defects.    
CLOSING Condition in description of real property by courses and distances at the boundary lines where the lines meet to include all the tract of land. ALSO, process in which all parties to a real estate transaction conclude the details of a sale or mortgage. It
CLOUD ON TITLE A claim, encumbrance or condition which impairs title to real property until disproved or eliminated.
CODE A collection of laws.
COLLATERAL             Marketable real or personal property which a borrower pledges as security for a loan. In a trust deed specific land is used as collateral. 
COMMON LAW The unwritten body of English Law founded upon customs, precedents and usage.
COMMUNITY PROPERTY A category of property, existing in some states, in which all property (except property specifically acquired by husband or wife as separate property) acquired by a husband and wife, or either, during marriage, is owned in common by the husband and wife.
COMPARABLE SALES Recent selling prices of properties similarly situated in a similar market.
COMPETENT Legally qualified; capable of contracting.
CONDEMNATION Taking private property for public use through court proceedings.
CONDITION A qualification or restriction annexed to a conveyance of lands, where it is provided that upon the happening of a particular event an estate shall commence, be enlarged, or be defeated.
CONDITION PRECEDENT A condition that must be fulfilled before a right accrues or an estate vests.
CONDITION SUBSEQUENT A condition that defeats a previously accrued right or vested estate.
CONDITIONAL SALE CONTRACT Contract of sale where title remains in seller until conditions of the contract have been fulfilled.
CONDOMINIUM - A system of individual fee ownership of units in a multiunit structure, combined with joint ownership of common areas of the structure and land.
CONFESSION OF JUDGMENT        Entry of judgment without formality of proceedings upon debtor's admission and with his consent.      
CONSENT AND WAIVER An agreement by the landlord, owner or lien holder that certain equipment, furnishings, etc., will remain personal property.
CONSERVATEE A person unable to manage self, property, or self and property and for whom the probate court has appointed a conservator.
CONSERVATOR A person appointed by the court to protect and preserve the lands and property of an individual physically incapacitated or otherwise not able to handle his own affairs.
CONSIDERATION The value inducing another person to enter into a contract.           
CONSTRUCTION DEED OF TRUST Used to finance construction on the property.        
CONSTRUCTION MORTGAGE  A loan secured by real property during the construction of a structure on the property, the collateral of which will include the completed structure.       
CONSTRUCTIVE NOTICE Notice given by public records.
CONTIGUOUS In actual contact; touching or adjacent.
CONTINGENT Dependent upon an uncertain future event.
CONTOUR Surface configuration of land.
CONTRACT An agreement between two or more persons which creates an obligation to do or not to do a particular thing.
CONVENTIONAL MORTGAGE A mortgage securing a loan made by savings and loans or banks without governmental underwriting (not FHA or VA guaranteed). Loan amount usually does not exceed  80% of property value.
CONVEY The act of deeding or transferring title to another.
CONVEYANCE          An instrument by which title to property is transferred; a deed.  
COOPERATIVE A residential multiunit building owned by and operated for the benefit of persons  living within.
CORP. Corporations Code
CORPORATE SEAL       A seal attached to an instrument executed by a corporation.        
CORPORATION An artificial being created by law and endowed with certain rights, privileges and duties of natural persons.
CORPORATION SOLE A corporation consisting of a single person and his successor in office.
COSIGNER A second party who sings a promissory note together with the primary borrower.
COTENANCY Ownership by two or more persons.
COURSES AND DISTANCES Description of land by metes and bounds.     
COVENANT An agreement written into deeds and other instruments promising performance or non-performance of certain acts or stipulating certain uses or non-uses of the property.
CRLM County Recorders' Legal Manual
CUL DE SAC    The terminus of a street or alley. A circular turnaround for automobiles.   
D
DBA Doing business as.
DECEDENT Deceased person.
DECREE A judgment by court.
DECREE OF DISTRIBUTION A judgment of probate court as to person entitled to the property of a decedent.
DEDICATION Donation of land by owner to a public use and acceptance for such use by authorized official.
DEED A written document by which the ownership of land is transferred from one person to another.
DEED OF TRUST A three party security instrument conveying title to land as security for the performance of an obligation.
DEFAULT Omission or failure to fulfill a duty, observe a promise, discharge an obligation or perform an agreement.
DEFAULT JUDGMENT A judgment against a defendant who made no appearance in court.
DEFENDANT A person against whom legal action is initiated.
DEFICIENCY JUDGMENT A personal judgment against the debtor for the amount remaining due after foreclosure of a security device, as in the case of a mortgage or trust deed.
DELIVERY The final and absolute transfer of a deed from seller to buyer in such a manner that it cannot be recalled by the seller.
DEMAND An escrow term describing the consideration exacted for the relinquishment of an interest in or right to property.
DEMISE A transfer of an estate for years, for life or at will. Synonym for death.
DEPONENT A witness; an affiant.
DEPOSIT RECEIPT A term used by the real estate industry to describe the written offer to purchase real property. Becomes a contract upon acceptance by owner.
DEVISE The disposition of land by will. A term used only for land.
DEVISEE A person to whom real property is given by will.
DICTUM An opinion by a judge on a point not essential to the decision on the main issue.
DISCOUNT POINTS The amount of money the borrower or seller must pay the lender to get a mortgage at a stated interest rate. A point equals one percent of the loan.
DIVEST To deprive of a right or title to property.
DOCUMENTARY TRANSFER TAX Tax on recorded transfers of title to real property. 
DOMICILE Fixed and permanent home.
DOMINANT TENEMENT The land benefited by an appurtenant easement.
DONEE Person to whom gift is made.
DONOR Person who makes a gift.
DUE ON SALE CLAUSE Provision in a security instrument calling for automatic maturity in the event of a sale or other conveyance of title by borrower or subsequent owner.
DURABLE POWER OF ATTORNEY    Authorization for an attorney-in-fact to continue acting for and  in the name of the principal after the principal's inability to contract.
E
EARNEST MONEY Advance payment of part of the purchase price to bind a contract for property.
EASEMENT An interest in land owned by another that entities its holder to a specific limited use, such as laying a sewer, putting up electric lines or crossing the property.  
EGRESS A place or means of exit.
EMINENT DOMAIN The power of the state to take private property for public use.    
ENCROACHMENT   The extension of an improvement onto land of another.
ENCUMBRANCE A right or interest in land decreasing its value but not hindering its sale or transfer.
ENDORSEMENT Form used by the insurer at the request of the insured which changes terms or items in an issued policy or commitment.
ENFEOFF To vest a person with fee title to land.
ENTIRETY    A form of cotenancy in which owners are jointly seized as the whole.
EQUITY The interest or value which an owner has in real estate over and above the debts against it.
ESCHEAT A reversion of property to the state in those cases where an individual dies without heirs or devisees and without a will.
ESCROW A transaction in which an impartial third party acts as agent for both buyer and seller or for both borrower and lender, in carrying out instructions, delivering papers and documents and disbursing funds.
ESTATE A person's possessions. The degree, quantity, nature and extent of interest which a person has in real property.
ESTATE FOR LIFE A possessory estate in land held by a person only for the duration of a specific person's life.
ESTATE FOR YEARS A possessory interest in lands by contract for a specific term. A lease is an estate for years.
ESTOPPEL. A bar to the assertion of right or a defense in consequence or previous position, act or representation.
ET AL And others.
ET SEQ And following.
ET UX And wife.
ET VIR And husband. 
EVICTION Dispossession by process of law.     
EX PARTE On one side only.
EXAMINATION OF TITLE The interpretation of the record title to real property based on the title search or abstract.
EXAMINER A person who analyzes a chain of title.
EXCEPTION                In a legal description, that portion of lands to be deleted or excluded. In a title insurance policy, exclusion of certain risks known to the insured when the policy was issued.    
EXECUTOR A person appointed by the probate court to carry out the terms of a will.   
EXECUTOR'S DEED To transfer title of property of another's estate by the executor! executrix, etc.
EXECUTRIX A woman executor.
EXEMPTION Immunity from a burden or obligation.
F
FACSIMILE An exact and precise copy.     
FAIR MARKET VALUE Amount of money that would be paid for a property offered on the open market for a reasonable period of time with buyer and seller knowing all the uses to which the property could be put and with neither party being under pressure to buy or sell.
FBN Fictitious business name.
FEE SIMPLE INTEREST The greatest interest in a parcel of land that it is possible to own; without limitation.
FHLMC (Freddie Mac) Federal Home Loan Mortgage Corporation, an affiliate of the Federal Home  Loan Bank; which creates a secondary market in conventional residential loans and FHA and VA loans by purchasing mortgages from members of the Federal Reserve System and the Federal
FICTITIOUS NAME A name adopted for business purposes other than the true name of owner.
FIDUCIARY One who holds a position of trust and confidence requiring scrupulous good faith and candor.
FINAL MAP See Subdivision Map.
FINANCIAL Financial Code
FINANCING STATEMENT A document prepared for filing with the appropriate local Recorder or the Secretary of State indicating that personal property or fixtures are encumbered with a debt.
FIXTURES Any item of personal property so attached to real property that it becomes a part of the real property.
FNMA (Fannie Mae) Federal National Mortgage Association, a federally sponsored private corporation which provides a secondary market for housing.
FORECLOSURE SALE Process whereby property pledged as security for a debt is sold to pay the debt in event of default in payment of terms.
FORECLOSURE  Enforcement of a lien by sale of property given as security
FORFEITURE The loss of a right, title or interest in property as consequence of a default under an obligation.
FRANCHISE A special privilege conferred by government or a contractual right to engage in a business under trade name owned by another.
FREEHOLD An estate in land of uncertain duration.
G
GC Government Code.
GENERAL INDEX A title company's or recorder's office record of matters affecting title to land maintained according to names of individuals and entities rather than by real property description.
GENERAL POWER OF ATTORNEY May include any or all types of transactions.        
GOVT. Government Code
GRANT To bestow or confer, with or without compensation, a gift or bestowal by one having control or authority over it as of land or money.
GRANT DEED A written instrument transferring title to real property.
GRANTEE A person who acquires an interest in land by deed, grant or other written instrument.
GRANTOR A person who, by a written instrument, transfers to another an interest in land.   
GROSS RENT MULTIPLIER A number which, times the gross annual income of a property, produces an estimate of value.
GUARANTEE OF TITLE A form of evidence of title based solely upon public record disclosures.
GUARDIAN One appointed by the court to administer the affairs of an individual not capable of administering his own affairs.
H
H & S Health and Safety Code
HEIR A person entitled by law to inherit property of a decedent.
HEIRS AND ASSIGNS Terms used in deeds and wills to provide that the recipient receives a "fee simple estate" in lands rather than a lesser interest.
HEREDITAMENTS. Anything capable of being inherited.
HOLDING AGREEMENT A form of a trust where trustee holds legal title to real property with no active duty of management or control.
HOLOGRAPHIC WILL A will entirely written, dated and signed by the testator in his own handwriting.
HOMEOWNER'S EXEMPTION A credit or reduction in property taxes available to tenant owners.
HOMESTEAD A personal residence.
HOMESTEAD DECLARATION A document providing limited statutory protection of real property, used as a hone, from the claims of certain creditors.
HOMESTEAD EXEMPTION See Homestead Declaration.
I
IDENTITY Sameness.
IMPROVEMENTS Those additions to raw lands tending to increase value such as buildings, streets, sewers, etc.
IN PERSONAM Against the person.
IN PROPRIA PERSONA In his own person, himself. Abbreviated to "pro per".
IN RE In the matter of.
IN REM Against property.
INDEMNITY Compensation given for a loss sustained.
INDEMNITY AGREEMENT An agreement relieving a person of an obligation to compensate for a potential loss. A hold harmless agreement.
INDENTURE A deed or other document to which two or more persons are parties and in which these enter into reciprocal and corresponding grants of obligations towards each other.
INGRESS The act, or right of entering. (Access)
INHERITANCE TAX A tax imposed upon the privilege of succeeding to the title of a decedent.
INSTALLMENT LAND SALES CONTRACT An agreement entered into for the sale and purchase of property under which the purchase price is paid in installments. Title is retained by seller until contract provisions have been met, AKA Contract of Sale or Land Contract
INSTRUMENT A written paper signed and delivered by one person to another, transferring the title to or giving a lien on property, or giving a right to a debt or duty.  
INTERLOCUTORY DECREE A decree made pending final outcome of the cause prior to final hearing on the merits.
INTESTATE Designates the estate or condition of failing to leave a will at death. "To die intestate".
INURE To serve to the use or benefit.
INVOLUNTARY LIEN When affecting real property, a lien created without the consent of or execution by the property owner.
IPSO FACTO Of itself; by the very fact of.
J
JOINDER One or more persons acting in unison; joining together.
JOINT PROTECTION POLICY A policy insuring more than one interest, that is, the interest of both owner and lender.
JOINT TENANCY A form of co-ownership by two or more persons in equal shares characterized by the incident of survivorship
JOINT VENTURE A form of business organization composed of two or more persons to conduct a single enterprise for profit.
JUDGMENT A final determination in a court of competent jurisdiction of the rights of the parties to an action or proceeding.
JUDGMENT LIEN A statutory lien created by recording a judgment, or an abstract, ordering the payment of a sum of money.
JUNIOR LIEN A lien of inferior priority.
JURAT The portion of a certificate of affidavit stating when, where and before whom it was sworn.
JURISDICTION The right to adjudicate concerning the subject matter in a given case.      
L
L.S. Abbreviation for "locus sigilli" meaning the place for a seal.
LABOR Labor Code
LACHES Inexcusable delay in asserting a right.
LAFCO Local Agency Formation Commission.
LAND SALES CONTRACT See Installment Land Sales Contract
LANDOWNER'S ROYALTY An interest in unsevered oil and gas granted to a third person or reserved by a landowner on occasion of his alienation of an interest in real property.   
LANDS. TENEMENTS, HEREDITAMENTS.              Inheritable lands or interests in them.             
LATENT Concealed.
LATERAL SUPPORT               The support the soil gives to the land of an adjacent owner.      
LEASE A contractual possessory interest in real property for a specific term.
LEASEHOLD The estate for years created by a lease.
LEGACY A gift of personal property by will.
LEGAL DESCRIPTION A description of real property sufficient to locate it on the ground by reference to government surveys or approved recorded maps.
LESSEE One who takes lands upon a lease.
LESSOR One who grants lands under a lease.
LETTERS OF ADMINISTRATION Formal written evidence of court appointment of a conservator of the person, or of the estate of an intestate decedent.
LETTERS OF CONSERVATORSHIP Formal written evidence of court appointment of a conservator of the person, or of the estate, or of the person and estate of a conservatee.    
LETTERS OF GUARDIANSHIP Formal written evidence of court appointment of a guardian for the person, estate, or person and estate of a minor or of an incompetent.
LETTERS TESTAMENTARY Formal written evidence of court appointment of a personal representative of the estate of a testate decedent.
LEVY Seizure of property by judicial process.
LIEN An encumbrance which makes property security for the payment of a debt or discharge of an obligation.
LIFE BENEFICIARY A person entitled to receive a benefit for life.
LIFE ESTATE An estate measured in duration by the lifetime of a natural person.       
LIMITATIONS, STATUTES OF Statutes limiting the time within which parties having a cause of action must institute proceedings to enforce the same.
LIMITED PARTNERSHIP A partnership consisting of a general partner or partners and limited partners. The limited partners do not act as managers and their liability is limited to their invested capital.
LINEAL In a direct line.
LIS PENDENS A recorded notice of the pendency of an action.
LITE PENDENTE While the action is pending.
LIVING TRUST A trust becoming operative in the lifetime of the person creating it.        
LOAN POLICY A policy of title insurance insuring the interest of a lender.
LOAN TO VALUE RATIO The percentage of a property's value that a lender can or may loan to a borrower.
LOSS PAYABLE CLAUSE An endorsement to an insurance (fire) policy specifying parties (lenders) entitled to participate in proceeds in the event of loss.
LOT SPLIT A colloquial term for the division of one parcel into two or more parcels.    
M
M & V Military and Veterans Code
MAJORITY The age at which a person is entitled to handle his own affairs.
MAP ACT The Subdivision Map Act (Government Code 66410 et seq.) regulating the subdivision of land.
MARKET VALUE See Fair Market Value
MARKETABLE TITLE A good title about which there is no fair or reasonable doubt in law and fact.
MEAN Intermediate.
MEANDER To follow a winding course.
MECHANIC'S LIEN A statutory lien in favor of persons contributing labor, material, supplies, etc., to a work of improvement upon the real property.
MERIDIANS Imaginary north-south lines which intersect base lines to form a starting point for the measurement of land.
METES AND BOUNDS The lengths and directions of lines as in the boundaries of a tract of land.
MINOR A person who has not yet reached the age of legal competence under state law. 
MONUMENTS An object or mark employed by a surveyor to fix or to establish boundaries or land location.
MORATORIUM A temporary suspension by statute of the enforceability of a debt. 
MORTGAGE An instrument used to encumber land as security for a debt.     
MORTGAGEE A designation for the mortgage lender on lands.
MORTGAGOR A designation for the mortgage borrower on lands.
MUNIMENTS OF TITLE Deeds and other original documents comprising a chain of title to a parcel of real property.
MUTUAL WATER COMPANY A company organized for the purpose of providing water to its members.
N
NON JUDICIAL FORECLOSURE SALE Sale of property pursuant to the power of sale provisions contained in a security instrument.
NOTARIZE To prove execution of a document by means of a notary public's certificate of acknowledgment.
NOTARY PUBLIC A person authorized by law to take acknowledgments and to administer oaths.
NOTE A common reference to a promissory note.
NOTICE Actual notice: express or implied knowledge of a fact. See also Constructive notice.
NOTICE OF ACTION A lis pendens.
NOTICE OF ADVANCE To evidence an advance of additional monies under a previously recorded deed of trust.
NOTICE OF CESSATION A recorded notice shortening the time for filing mechanic's lien where work ceased prior to completion.
NOTICE OF COMPLETlON A notice recorded within ten days of completion of a work of improvement signaling commencement of the time period within which claims of mechanics' liens must be recorded.
NOTICE OF DEFAULT A recorded notice of a trustor's failure to perform his obligation under a deed of trust. The initial step in non judicial foreclosure of a deed of trust.      
NOTICE OF NON-RESPONSIBILITY A recorded notice by an owner of real property that he will  not be responsible for payment of costs of improvements contracted for thereon by some other person.
NUNC PRO TUNC Now for then; a tardy act made retroactive to the time when it should have been done.
O
OMNIBUS CLAUSE Provision in a decree of distribution by which any property of a decedent not specifically described is distributed.
OPEN END MORTGAGE A mortgage or deed of trust written so as to secure and permit advancing funds in addition to the amount originally loaned.
OPTION A choice or right, for a consideration, to do an act or force performance of an act in the future under specific terms and conditions.
OPTIONEE One who holds an option, i.e., right, for which he has paid a consideration.
OPTIONOR One who grants an option to another.
ORDER CONFIRMING SALE A court order confirming sale of estate property by a personal representative, or other fiduciary.
ORDINANCE A legislative enactment of a city or county.
OVERT - Open. Open.
OWNER'S POLICY An insurance policy issued by a title insurer insuring title held by an owner.
OWNERSHIP  The right to possess and use property to the exclusion of others.   
P
PARCEL Any area of land contained within a single description.
PARCEL MAP A division of land into four parcels or less.
PAROL Oral.
PARTIAL RECONVEYANCE Transfer of legal title from the trustee to the trustor (borrower or successor in interest) as to a portion of the property encumbered by a trust deed after specified conditions have been met. Usually involves payment of a predetermined principal amount.
PARTIAL RELEASE CLAUSE Provision, usually in a security instrument, providing for the conveyance of legal title or release from encumbrance of a portion of the entire property held or encumbered upon satisfaction of specified conditions, usually payment of a specified principal
PARTITION Division of land, usually by a legal proceeding, among the parties who were formerly co-owners.
PARTNERSHIP An association of two or more persons to carry on as co-owners of a business for profit.
PARTY WALL A wall located on a boundary line and used by both owners.       
PATENT A conveyance of to public land executed by the federal or state government.               
PAYMENT BOND Bond issued by a surety guaranteeing payment of a contractor's obligations for labor and materials related to a construction project.
PENAL Penal Code
PERFORMANCE The fulfillment of a duty or obligation to the point where the obligation is deemed to be satisfied.
PERFORMANCE BOND Bond issued by a surety that a contractor will perform the physical work called for by contract in accordance with plans and specifications.
PERSONAL PROPERTY Movable or harvestable property; property which is not real property.
PLAINTIFF The party initiating an action.
PLAT OR PLOT A map representing a piece of land subdivided into lots with streets shown thereon.
POLICY OF TITLE INSURANCE A contract indemnifying against loss resulting from a defect in title to the interest or lien in real property insured.
POWER OF ATTORNEY An instrument authorizing another to act on one's behalf as his agent or attorney.
PR Public Resources Code
PREAMBLE The introductory portion of a contract or agreement
PREEMPTION The act of purchasing before or ahead of another person.          
PREEMPTiON ENTRY An entry upon public lands of the United States by a settler giving him a preferred right to acquire title.
PREEMPTIVE RIGHT A preferential right to purchase on same terms as offered by a third party.
PRELIMINARY 20-DAY NOTICE        Written notice required when a person furnishes labor, services, equipment or material to a job site for which any claim of lien is made. NOTE: Effective July 1, 1988 may be filed but not recorded with County Recorder.
PRELIMINARY CHANGE OF OWNERSHIP REPORT A form required by the county assessor to accompany transfers of interest in real property.
PREPAYMENT CLAUSE Penalty to the mortgagor for payment of the mortgage debt before it becomes due.
PRESCRIPTION A method of acquiring an easement by adverse use of another's property.       
PRICE The value of anything exposed for sale expressed in money terms.   
PRINCIPAL A party represented by an agent; or the chief or foremost party in a particular transaction; or the amount of a loan to be repaid exclusive of interest; or the assets constituting a trust estate.
PRIORITY    The relative superiority of competing liens and encumbrances.       
PRO RATA Proportionately; according to a certain rate, percentage or proportion.  
PROBATE Relating to proof; the proof of validity of a will of a decedent; the proof of ownership.
PROBATE Probate Code
PROBATE COURT A division of superior court having jurisdiction over estates of decedents, minors, incompetents and conservatees.
PROMISSORY NOTE An unconditional written promise, signed by maker, to pay, absolutely a sum certain in money, either to the bearer or to person therein designated or his order. 
PROPERTY The right to possession, enjoyment, and disposition of all things subject to ownership.
PUBLIC RECORDS Records which by law impart constructive notice of matters relating to real property.
PUC Public Utility Code
PURCHASE MONEY MORTGAGE OR DEED OF TRUST A trust deed or mortgage given as part or all of the purchase price of real property.
Q
QUASI As; as if; of similar nature.
QUASI COMMUNITY PROPERTY Property acquired by a married person while domiciled outside California which would have been community property if the acquiring spouse had been domiciled in California.
QUIET TITLE ACTION The name of an action brought to establish a title to property or to remove a cloud on the title.
QUIT CLAIM DEED A deed to relinquish any interest in property which the grantor may have, without any warranty of title or interest.
R
R & T Revenue and Taxation Code
RANGE A strip or column of land six miles wide, determined by a government survey, running in a north-south direction, lying east or west of a principal meridian.
RANGE LINES Government survey lines running north and south at six mile intervals starting with the principal meridian and forming the east and west boundaries of townships.     
REAL PROPERTY Immovable property such as land, buildings, improvements, appurtenances and air space.
RECONVEYANCE Transfer of legal title from the trustee to the trustor (borrower or successor in interest) after a trust deed debt has been paid in full. Result is that the property is free of the lien of the deed of trust released.
RECONVEYANCE A document extinguishing the lien of a deed of trust.
RECORD To incorporate into the public records of the County Recorder; ALSO, the system of public records imparting constructive notice of title to claims, or interests in real property.   
RECORDING The act of filing documents for record in the office of the County Recorder.   
REDEMPTION The act of buying back property previously sold in judicial proceedings.             
REDEMPTION RIGHT The right of a debtor to reacquire title to property formerly owned by him but sold through judicial process to satisfy his debts.
REFORMATION ACTION Proceedings instituted for the purpose of correcting mistakes in documents.
RELEASE A document extinguishing the lien of a mortgage, judgment, mechanic, etc. ALSO, a document absolving another of liability.
REQUEST FOR NOTICE Recorded request by anyone desiring written notice of the recording of a notice of default under a trust deed or of the scheduling of a trustee's sale thereunder. ALSO, recorded request of anyone desiring notice of the scheduling of an execution sale fore
REQUEST FOR RECONVEYANCE Written instruction of a beneficiary under a deed of trust addressed to the trustee, acknowledging satisfaction of the secured obligation, and directing the trustee to reconvey the property to the borrower or successor in interest.      
RESCISSION The act of canceling or annulling the effect of a document.               
RESERVATION A right or an interest retained by a grantor in a conveyance.               
RESIDUE That portion of a decedent's estate remaining after payment of debts, taxes and distribution of specific bequests and devises.
RESTRICTIONS Impediments, limitations or prohibitions respecting use of real property imposed in deed, declaration or agreement.
REVERSION     Provision in conveyance by which, upon the happening of an event or contingency, title to the land will return to the grantor or his successor in interest in the land.               
RIGHT OF SURVIVORSHIP The right to succeed to the interest of a deceased.
RIGHT OF WAY A right to pass over or to cross a parcel of land.
RIPARIAN Pertaining to the bank of a river or stream. The owner of land adjacent to a watercourse is called a riparian, and the rights of the riparian owner related to that watercourse are called riparian rights.
S
S & H Street and Highway Code
SALE AND LEASEBACK A transaction in which a grantee in a deed leases the same property back to his grantor without a change in its possession.
SATISFACTION The performance of the terms of an obligation.
SCILICET To-wit, that is to say; namely, abbreviated as "ss".
SEAL An impression on a document lending authenticity to its execution.               
SEARCHER A person, often a title company employee, who examines the links of ownership, interests or rights (chain of title) to a piece of real property.
SECTION A measure of land generally one mile square and containing 640 acres of land.         
SECURED PARTY The party having the security interest.
SECURITY AGREEMENT An agreement between the secured party and the debtor which creates the security interest.
SEPARATE PROPERTY Property owned by a married person in his or her own right outside of the community interest.
SERVIENT TENEMENT The estate burdened by an easement.
SERVITUDE A right in another's property in the nature of an easement.
SET BACK LINES Those lines which delineate the required distances for the location of structures in relation to the perimeter of the property.
SEVERALTY OWNERSHIP Ownership of property by one person; sole ownership.               
SHERIFF'S DEED Conveyance of title to a debtor's property as a consequence of an execution sale.
SITUS The location of property.
SPECIAL ASSESSMENTS Charges imposed upon real property especially benefited by a local public improvement.
SPECIAL POWER OF ATTORNEY May be limited to only special transactions.               
STATUS The legal position of an individual; i.e. adult, minor, etc.
STOP NOTICE A notice given a construction lender by an unpaid contributor to a work of improvement for the purpose of intercepting funds.
SUBDIVISION The division of a tract of land into separate parcels.
SUBDIVISION MAP A division of land into five parcels or more.
SUBJECT TO The recognition of an existing lien or encumbrance but not assuming personal liability thereof.
SUBORDINATE To make inferior in priority.
SUBORDINATION AGREEMENT An agreement changing the priority of interests.     
SUBSTITUTION The appointment of a person to act in the place and stead of another.        
SUMMONS A court's direction to the sheriff to act in the place and stead of another.         
SURETY One who guarantees the performance of an obligation by another.       
SURVEY A process of measuring a parcel of land and ascertaining its area and boundaries.               
SYNDICATE A pooling arrangement or association of persons investing in real property by buying shares in an organization.
T
TAX DEED A deed issued to a purchaser following a sale necessitated by the nonpayment of real property taxes.
TAX SALE Sale conducted for the purpose of collecting delinquent taxes assessed to a parcel of real property.
TENANCY ENTIRETY A form of co-ownership by husband and wife, characterized by the inability of one spouse alone to convey or encumber and by the incident of survivorship.               
TENANCY IN COMMON A form of co-ownership of property by two or more persons in undivided interests.
TENANT Any person in possession of real property with the owner's permission.    
TENDER An unconditional offer to pay a debt or to perform an obligation.               
TENEMENTS All rights in land passing with a conveyance thereof.
TENTATIVE MAP A proposed subdivision map required to be submitted to and approved by the local government agency before approval of a final subdivision map.
TENURE The mode or manner in which a title to land is held.
TESTAMENT True declaration of a person's last will.
TESTAMENTARY TRUST A trust created by the last will and testament of a decedent. 
TESTATE The estate or condition of leaving a will at death. "To die testate".               
TESTATOR One who makes a will.
TESTATRIX A woman who makes or has made a testament or will.
TIME IS OF THE ESSENCE Clause in a contract indicating punctual compliance is required.               
TITLE The evidence or right which a person has to the ownership and possession of land.       
TITLE DEFECT Any legal right held by others to claim property or to make demands upon the owner.
TITLE INSURANCE Assurance of indemnification for loss caused by defects in the title to real property or to an interest therein which is insured.
TITLE PLANT The records of a title company assembled and maintained for the purpose of issuing evidences of title to real property.
TITLE POLICY A contract indemnifying against loss resulting from a defect in the title to the interest or lien in real property insured.
TITLE REPORT A report which discloses condition of the title.
TOPOGRAPHY The nature of surface of land, i.e. level, rolling, mountainous.            
TORRENS A system of registration of land title no longer lawful in California but utilized in some other states.
TOWNSHIP A territorial subdivision six miles long, six miles wide and containing 36 sections, each one mile square, located between two range lines and two township lines.               
TOWNSHIP LINES Government survey lines running east and west at six mile intervals starting with the principal base line and forming the north and south boundaries of townships.
TRACT A parcel of land divided into smaller parcels called lots.
TRADE FIXTURES Articles of personal property, fastened to real property necessary to carry on a trade or business.
TRADE NAME The name under which an organization does business.
TRANSFER TAX A tax imposed upon transfers of title to real property.
TRUST A right of property held by one for the benefit of another.
TRUST DEED Same as deed of trust.
TRUSTEE One who holds property in trust for another. Third party under a deed of trust.      
TRUSTEE'S DEED The deed given by the trustee under a deed of trust when the secured property is sold under power of sale.
TRUSTEE'S SALE Foreclosure sale conducted by the trustee in the exercise of a power of sale.
TRUSTOR The debtor on a trust deed or deed of trust.
U
UCC Uniform Commercial Code
UNDIVIDED INTERESTS Unsegregated interests of co-owners in the entire property owned by them as tenants in common.
UNIFORM COMMERCIAL CODE A unified and comprehensive method for regulation of security transactions in personal property.
UNJUST ENRICHMENT Mistake or misfortune of one person unfairly benefiting another.               
UNLAWFUL DETAINER An action brought for recovery of possession of real property.  
USCA United States Code Annotated
USURY An interest rate greater than that permitted by law.
V
VA LOAN A loan made to qualified veterans for the purchase of real property wherein the Veteran's Administration guarantees the lender payment. Usually requires little or no down payment.
VALID Sufficient in law; effective.
VALUE Present worth of future benefits arising out of ownership.
VARIABLE INTEREST Interest rates fluctuating up or down according to current cost of money.
VENDEE A buyer or purchaser.
VENDOR A seller.
VENUE The county in which an action is brought; ALSO, the place where an acknowledgment is taken.
VERIFICATION A sworn statement before a qualified officer (notary public), that the contents of a writing are true; or an unsworn statement by an individual under penalty of perjury.
VEST To give an immediate fixed right to property.
VESTED INTEREST A property interest that is fixed or determined.
VESTEE Present record owner.
VETERANS LOAN See VA Loan.
VOIDABLE That which is capable of being adjudged void by it not void unless action is taken to make it so.
VOLUNTARY LIEN Any lien placed on property with consent of or as a result of the voluntary act of the owner.
W
WAIVE To release or abandon a right or a privilege.
WAIVER The act of releasing or abandoning right or privilege.
WARRANTY DEED A deed containing express covenants as to good title and right to possession.
WASTE The destruction, or material alteration of, or injury to premises.
WATER Water Code
WATER RIGHT The right of an owner of land to use water adjacent to or below the surface of his land.
WILL A written legal declaration of a person expressing his/her desires for the disposition of that person's property after his/her death.
WRAP-AROUND DEED OF TRUST Same as an "all inclusive deed of trust"; one incorporating the balance due under a prior deed(s) of trust.
X
X A mark executed by an individual who cannot write. One witness writes the person's name and signs as one of two witnesses required for acknowledgments.        
Y
YIELD The interest (AKA return, profit) earned by an investor on an investment. 
Z
ZONE Area in a community designated for specified use and purpose
ZONING Governmental regulations as to use of real property in specified areas.

 

Jefferson Real Estate, Inc. * 18 CR 77, PO Box 217, Jefferson CO, 80456 * Tel:800.686.0822 * Fax:719.836.0236
www.JeffReal.com