Real Property Glossary

Front 1

Accretion (Conveyances)

Back 1

Alteration of a boundary line by the gradual addition of land to the side of a waterway that serves as a land boundary.

Front 2

Active Waste

Back 2

See Affirmative Waste.

Front 3

Adverse Possession

Back 3

Wrongly possessing another’s property so as to trigger the statute of limitations against the true owner. Alternatively, the completion of such wrongful possession, thereby barring the true owner’s cause of action to recover the property.

Front 4

Affirmative Easement

Back 4

The privilege of using another’s land in a manner that otherwise would be unprivileged.

Front 5

Affirmative Waste (Miscellaneous Property Doctrines)

Back 5

Activity by a possessor of land that unreasonably impairs the value of other ownership interests in the same land.

Front 6

After-Acquired Title (Title Assurance)

Back 6

Title acquired by a grantor after he has purported to convey or mortgage it.

Front 7

Architectural Review

Back 7

See Design Review.

Front 8

Assumption (Landlord and Tenant; Mortgages)

Back 8

An assignee’s or sublessee’s promise to perform (i.e. assume) the tenant’s obligations to the landlord. Alternatively, a land purchaser’s promise to perform the borrower’s obligations to a mortgagee.

Front 9

Avulsion (Conveyances)

Back 9

The sudden addition or removal of land from one side of a waterway. Avulsion does not change land boundaries.

Front 10

Chain of Title (Contracts; Priorities)

Back 10

The history of ownership of a parcel of land from its original source, usually the government, through the various intermediate owners to the present owner.

Front 11

Closing (Contracts for the Sale of Land)

Back 11

The completion of a contract for the Sale of land. The vendor conveys title to the property, and the purchaser pays the purchase price. Also called “settlement.”

Front 12

Cluster Zoning (Land Use)

Back 12

An ordinance that permits the owner of a large parcel of land to violate the otherwise applicable density requirements if the overall project satisfies the legal limits.

Front 13

Community Property (Estates in Land; Concurrent Ownership)

Back 13

Property in some Western states that spouses acquire during their marriage.

Front 14

Comprehensive Plan

Back 14

See Plan.

Front 15

Condition Subsequent (Estates)

Back 15

An event that divests an existing estate.

Front 16

Conditional Use (Land Use)

Back 16

A use that is permitted by the zoning code when it will not adversely affect the neighborhood. Also called a special exception.

Front 17

Condominium (Concurrent Ownership)

Back 17

Ownership of common areas of a project with other owners and separate ownership of an individual unit in the condominium project.

Front 18

Constructive Eviction (Landlord and Tenant; Title Assurance)

Back 18

A tenant’s right to quit the leased premises and to stop paying rent when the landlord breaches the covenant of quiet enjoyment by virtue of a defect in the premises. Alternatively, an assertion of a property interest that breaches a future title covenant in a deed.

Front 19

Constructive Notice (Priorities)

Back 19

Notice charged to a purchaser of land, even in the absence of actual knowledge, by virtue of information properly recorded in the official records, visible from an inspection of the property, or otherwise reasonably discoverable.

Front 20

Constructive Possession (Adverse Possession)

Back 20

Land that a person may acquire by adverse possession though he never had actual possession of it. It generally requires color of title and actual possession of some part of the land.

Front 21

Contingent Remainder (Estates)

Back 21

A remainder that either has been conveyed to an unascertained person or is subject to a condition precedent, other than the natural termination of a preceding estate.

Front 22

Contract Zoning (Land Use)

Back 22

A zoning entitlement granted to a property owner in return for consideration.

Front 23

Covenant Against Encumbrances (Title Assurance)

Back 23

A grantor’s covenant that the title is not subject to encumbrances.

Front 24

Covenant of Further Assurance (Title Assurance)

Back 24

A grantor’s covenant to execute documents necessary to perfect the grantee’s title.

Front 25

Covenant of Quiet Enjoyment (Landlord and Tenant; Title Assurance)

Back 25

A grantor’s or landlord’s covenant that the grantee or tenant will enjoy the property free of disturbance by lawful claimants.

Front 26

Covenant of Right to Convey (Title Assurance)

Back 26

A grantor’s covenant that she can convey title.

Front 27

Covenant of Seisin (Title Assurance)

Back 27

A grantor’s covenant that he owns the property that he purports to convey.

Front 28

Covenant of Warranty (Title Assurance)

Back 28

A grantor’s covenant to defend the grantee’s title against claims by third persons.

Front 29

Covenant Running with the Land

Back 29

A promise made with respect to land that burdens one parcel and benefits another. It binds and benefits not only on the original parties, but also their successors in interest.

Front 30

Cumulative Zoning (Land Use)

Back 30

A form of zoning that permits any “higher” use in a lower zoned district, such as a residence in a commercial district.

Front 31

Curtesy (Estates)

Back 31

A husband’s common law interest in his wife’s property.

Front 32

Curtesy Consummate (Estates)

Back 32

The husband’s curtesy interest after the birth of children and his wife’s death. It gives him a life estate in all her freehold property.

Front 33

Curtesy Initiate (Estates)

Back 33

The husband’s curtesy interest after children are born alive and before his wife’s death.

Front 34

Deed (Conveyances)

Back 34

The instrument by which title to an interest in land is conveyed from one party to another.

Front 35

Deed of Trust (Mortgages)

Back 35

An instrument that creates a security interest in land to secure an obligation, such as a debt. If the obligor defaults, the land can be sold to satisfy the obligation.

Front 36

Defeasible (Estates)

Back 36

An estate that is subject to a condition.

Front 37

Deficiency Judgment (Mortgages)

Back 37

A mortgagee’s monetary claim against a mortgagor when a foreclosure sale of the property fails to produce sufficient funds to satisfy the secured obligation.

Front 38

Delivery(Conveyances)

Back 38

The Action that makes a signed deed effective to pass title.

Front 39

Design Review (Land Use)

Back 39

Review of a proposed building to determine whether it complies with design or architectural standards established by the land use regulation.

Front 40

Destructibility (Estates)

Back 40

Termination of a contingent remainder by operation of law if it has not vested before it becomes possessory or if a person acquires the vested interests immediately before and after the contingent remainder.

Front 41

Divestment (Estates)

Back 41

The complete loss (total divestment) or partial loss (partial divestment) of a property interest.

Front 42

Dominant Estate (Easements)

Back 42

Land that is benefited by an appurtenant easement. Also called a dominant tenement.

Front 43

Dominant Tenant (Easements)

Back 43

The person who holds the benefit of an easement.

Front 44

Dominant Tenement (Easements)

Back 44

Land that is benefited by an appurtenant easement. Also called a dominant estate.

Front 45

Dower (Estates)

Back 45

A widow’s life estate in one-third of the property her husband owned during their marriage.

Front 46

Dower Consummate (Estates)

Back 46

The wife’s Dower interest after her husband’s death.

Front 47

Dower Inchoate (Estates)

Back 47

The wife’s dower interest before her husband’s death. It is not subject to fraudulent conveyance, alienation, or seizure by creditors.

Front 48

Duty (Easements)

Back 48

In Hohfeldian and Restatement usage, a “duty” is a legally enforceable obligation to do or not to do a certain act for the benefit of the person who holds the corresponding “right.” For example, a negative easement imposes a duty on the owner of the servient estate to refrain from using her land in a manner that otherwise would be permissible. See also Right and Privilege.

Front 49

Easement

Back 49

A nonpossessory interest in Land that either grants a privilege to use another’s land for a limited purpose (affirmative)or to prevent the possessor from using the burdened land in a manner that otherwise would be privileged (negative).

Front 50

Easement Appurtenant

Back 50

An easement that benefits a landowner in her capacity as owner, rather than as an individual (in gross).

Front 51

Easement by Implication

Back 51

An easement created because the circumstances surrounding a division of land justify a court in inferring that the parties intended that one of the resulting parcels have an easement over the other.

Front 52

Easement in Gross

Back 52

An easement that Benefits a person as an individual, rather than as a landowner (appurtenant).

Front 53

Ejectment(Adverse Possession)

Back 53

A cause of action in favor of a person entitled to possession of land against anyone guilty of wrongful possession.

Front 54

Environmental Impact Report/Statement (Land Use)

Back 54

A study concerning the environmental impact of a proposed project.

Front 55

Equitable Conversion (Contracts for the Sale of Land)

Back 55

Once a vendor and purchaser execute a binding contract for the sale of land, equitable title vests in the purchaser, and the vendor holds legal title only as security for payment of the balance of the purchase price.

Front 56

Equity of Redemption (Mortgages)

Back 56

A mortgagor’s or junior lienor’s equitable right to pay a past due debt that is secured by a senior lien to prevent foreclosure.

Front 57

Escrow (Conveyances)

Back 57

A vendor’s delivery of a deed to a third party (escrow agent) with instructions to deliver it to the purchaser when she pays the purchase price.

Front 58

Estate for Years

Back 58

See Tenancy for a Term.

Front 59

Estoppel by Deed (Title Assurance)

Back 59

If a grantor acquires title to land only after he has warranted that he has conveyed it to a grantee, the title passes immediately to the grantee by virtue of the warranty without the need for a new deed.

Front 60

Exclusionary Zoning (Land Use)

Back 60

Land use regulations that effectively exclude persons because of income and, therefore, indirectly because of race.

Front 61

Executory Interest (Estates)

Back 61

A future Interest in someone other than the grantor that divests a prior interest. Possession may either “spring” out of the grantor or “shift” from another grantee.

Front 62

Fee Simple Absolute (Estates)

Back 62

An interest in land that endures until the owner dies without heirs.

Front 63

Fee Tail (Estates)

Back 63

An interest in land that endures until its owner dies without issue.

Front 64

Fixture (Miscellaneous Property Doctrines)

Back 64

A chattel that becomes realty as a result of being affixed to land.

Front 65

Fixture Filing (Miscellaneous Property Doctrines)

Back 65

Recording in the real estate records of a security interest in a chattel that is intended to become a fixture.

Front 66

Floating Zone (Land Use)

Back 66

A zoning category that is described in the ordinance but is not located on the zoning map.

Front 67

Foreclosure (Mortgages)

Back 67

The process by which a mortgagee uses the mortgaged property to satisfy a debt after default. If the property passes directly to the mortgagee, it is a strict foreclosure. If the property is sold to satisfy the obligation, it is a sale foreclosure.

Front 68

Freehold (Estates)

Back 68

A fee simple, fee tail, or life estate. A common law estate that has no ascertainable termination date.

Front 69

General Plan

Back 69

See Plan.

Front 70

Grant Deed (Conveyances)

Back 70

A deed containing some of the common law covenants of title.

Front 71

Grantee-Grantor Index (Priorities)

Back 71

A set of indexes organized alphabetically by the names of grantees of documents in the official land records.

Front 72

Grantor-Grantee Index (Priorities)

Back 72

A set of indexes organized alphabetically by the names of grantors of documents in the official land records.

Front 73

Growth Management (Land Use)

Back 73

An ordinance that regulates the rate of growth by a community.

Front 74

Historic Preservation (Land Use)

Back 74

An ordinance that prohibits the demolition or exterior alteration of individual historic buildings or of all buildings in a historic district.

Front 75

Holding Zone (Land Use)

Back 75

A form of low density zoning that a community imposes until it decides what uses to permit.

Front 76

Implied Reciprocal Servitude (Covenants)

Back 76

When a landowner restricts the use of her land for the benefit of neighboring land, a court may determine that the owner of the benefited land impliedly made a reciprocal promise to burden his land in the same manner.

Front 77

Index (Priorities)

Back 77

Indexes of the documents recorded in the official land records that are organized by the names of the parties to conveyances or by the land’s description.

Front 78

Initiative (Land Use)

Back 78

The process by Which citizens enact laws directly, rather than through their legislators.

Front 79

Innocent Improver (Miscellaneous Property Doctrines)

Back 79

A person who innocently improves land of another, thereby possibly losing title to the improvement.

Front 80

Inquiry Notice (Priorities)

Back 80

Information charged to a person when a legal duty requires a reasonable investigation. He has constructive notice of any information that such investigation would have revealed.

Front 81

Inverse Condemnation (Land Use; Miscellaneous Property Doctrines)

Back 81

A claim for monetary damages by an owner whose land is so adversely affected by government activities or regulation that the government effectively has taken it and must pay just compensation.

Front 82

Joint Tenancy (Concurrent Ownership)

Back 82

An interest in property owned by two or more persons who have acquired their interests at the same time, through the same instrument, with equal ownership shares and rights of possession, and with the right of survivorship.

Front 83

Junior Mortgage (Mortgages)

Back 83

A mortgage that is lower in priority than another mortgage and, therefore, will be eliminated by a foreclosure of the senior mortgage. The junior mortgagee is entitled to receive the surplus proceeds, if any, from the foreclosure sale on the senior mortgage.

Front 84

Jure Uxoris (Estates)

Back 84

The husband’s curtesy interest after marriage and before children are born.

Front 85

Lateral Support (Miscellaneous Property Doctrines)

Back 85

The support that land receives from the surrounding parcels of land.

Front 86

License (Easements)

Back 86

A revocable privilege to engage in some activity on another person’s property.

Front 87

Life Estate (Estates)

Back 87

An interest that continues only during the lifetime of the person who is the measuring life. When someone other than the owner of the life estate (the life tenant) is the measuring life, it is a life estate pur autre vie.

Front 88

Littoral (Miscellaneous Property Doctrines)

Back 88

Land adjacent to a lake, sea, or ocean.

Front 89

Marketable Title (Contracts for the Sale of Land)

Back 89

A title that is free of defects and reasonable doubt and includes the entire estate that the vendor purports to sell. Also called merchantable title.

Front 90

Master Plan

Back 90

See Plan.

Front 91

Mortgage

Back 91

An instrument that enables the lender (mortgagee) to sell the land that is encumbered by the mortgage if the mortgagor defaults in the performance of the obligation for which he gave the mortgage.

Front 92

Negative Easement

Back 92

The right to restrain a possessor of land from engaging in an activity that otherwise would be privileged.

Front 93

Nonconforming Use (Land Use)

Back 93

A use that is impermissible under current land use regulations but that can continue because it began before the regulation’s enactment.

Front 94

Nonfreehold (Estates; Landlord and Tenant)

Back 94

A tenancy for a term, periodic tenancy, tenancy at will, or tenancy at sufferance. The holder of a nonfreehold estate has possession but not title.

Front 95

Notice Act (Priorities)

Back 95

A statute that Provides that an unrecorded instrument is void against any subsequent purchaser or encumbrancer for value who takes without notice of it.

Front 96

Notice-Race Statute (Priorities)

Back 96

A statute that provides that an unrecorded instrument is void against any subsequent purchaser or encumbrancer for value who takes without notice of it and records first.

Front 97

Nuisance (Miscellaneous Property Doctrines)

Back 97

An unreasonable activity on one’s property that substantially interferes with the use and enjoyment of another’s property.

Front 98

Ouster (Adverse Possession)

Back 98

The event that starts the statute of limitations when a person removes or excludes an owner or other person having possessory rights in the land.

Front 99

Parcel Index (Priorities)

Back 99

An index of the documents recorded in the official land records that is organized according to the land’s description. Also called a tract index.

Front 100

Partition (Concurrent Ownership)

Back 100

The physical division of concurrently owned property or its sale with a division of the proceeds.

Front 101

Passive Waste

Back 101

See Permissive Waste.

Front 102

Periodic Tenancy (Landlord and Tenant)

Back 102

A nonfreehold estate of specified duration that automatically renews continuously at the end of each period unless either the landlord or tenant gives proper advance notice to terminate it.

Front 103

Permissive Waste (Miscellaneous Property Doctrines)

Back 103

A possessor’s failure to make normal repairs to property to protect it from deterioration.

Front 104

Plan (Land Use)

Back 104

A document in which the government sets forth its method and goals for the physical development of the land it governs. Also called a comprehensive plan, master plan, or general plan.

Front 105

Planned Unit Development (Land Use)

Back 105

A zoning tool that permits a developer to develop a large parcel of land in a manner that violates individual lot restrictions but that overall satisfies the zoning ordinance’s requirements.

Front 106

Possibility of Reverter (Estates)

Back 106

A future interest retained by a grantor that follows a determinable estate and that revests the property automatically in him upon occurrence of the specified condition.

Front 107

Power of Termination (Estates)

Back 107

A future interest retained by a grantor that follows an estate subject to condition subsequent and that becomes possessory only if the grantor elects to enforce it.

Front 108

Preliminary Title Report (Title Assurance)

Back 108

A title company’s report as to the existing state of title to a parcel of land and its offer to issue a title insurance policy. Also called a title insurance binder.

Front 109

Prescription (Adverse Possession; Easements)

Back 109

Creation of an easement or profit by the expiration of the statute of limitations against the wrongful user of another’s land.

Front 110

Prior Appropriation (Miscellaneous Property Doctrines)

Back 110

A principle of water regulation in the western states that allocates rights to draw water according to a permit system based on time of application.

Front 111

Private Nuisance

Back 111

See Nuisance.

Front 112

Privilege (Easements)

Back 112

In Hohfeldian and Restatement usage, a “privilege” indicates that a person has a right to perform or not to perform a particular action. For example, a person who owns a right of way easement has a privilege to cross the servient land. See also Right and Duty.

Front 113

Privity of Estate (Landlord and Tenant; Covenants; Adverse Possession)

Back 113

A legal relationship that arises from ownership of an interest in land. Mutual privity of estate exists between persons who own interests in the same parcel of land. Horizontal privity exists when a promise is made as consideration for transfer of the land from the promisee to the promisor. Vertical privity exists between a landowner and the subsequent grantees of that land.

Front 114

Profit (Easements)

Back 114

The privilege of removing some natural product from another’s land.

Front 115

Public Nuisance (Miscellaneous Property Doctrines)

Back 115

A nuisance that adversely affects the community, rather than merely the neighboring landowners.

Front 116

Quasi Easement

Back 116

An easement created when the need for it arises as the result of a parcel split.

Front 117

Quiet Enjoyment (Landlord and Tenant; Title Assurance)

Back 117

The use and enjoyment of an estate in land undisturbed by lawful claims asserted by the grantor, the landlord, persons acting under them, or persons with a title paramount to them.

Front 118

Quitclaim Deed (Title Assurance)

Back 118

A deed in which the grantor makes no representations concerning the state of title.

Front 119

Race Act (Priorities)

Back 119

A statute that provides that an instrument is void as against previously recorded instruments.

Front 120

Race-Notice Act (Priorities)

Back 120

A statute that provides that an unrecorded instrument is void against any subsequent purchaser or encumbrancer for value who takes without notice of it and records first.

Front 121

Redemption (Mortgages)

Back 121

Payment of the mortgage debt, which eliminates the mortgage as an encumbrance on the property title.

Front 122

Referendum (Land Use)

Back 122

The process by which citizens vote on legislation enacted by the legislature.

Front 123

Reliction (Conveyances)

Back 123

The alteration of a boundary line caused by erosion on the shores of a river or lake.

Front 124

Remainder (Estates)

Back 124

A future interest created in a third person to take effect on the natural termination of a prior estate created in the same instrument.

Front 125

Reserved Easement

Back 125

An easement created by the grantor of property that benefits her retained property and burdens the granted property.

Front 126

Restraint on Alienation (Estates)

Back 126

Language in a deed or similar instrument that restricts the grantee’s power to transfer the property. Common versions of modern restraints include no-assignment clauses in leases and due on sale clauses in mortgages.

Front 127

Reversion (Estates)

Back 127

A future interest retained by a grantor after the conveyance of a lesser possessory interest than he owns.

Front 128

Right (Easements)

Back 128

In Hohfeldian and Restatement usage, a “right” is the legally enforceable demand one person can make on another to do or not to do a certain act. For example, a landowner generally has the right to tell all others not to trespass. If she gives someone an easement to cross, she has no right to exclude that person. See also Duty and Privilege.

Front 129

Riparian (Miscellaneous Property Doctrines)

Back 129

Land adjacent to a stream or river.

Front 130

Sale Foreclosure

Back 130

See Foreclosure.

Front 131

Seisin (Estates; Title Insurance)

Back 131

The common law term for lawful possession of a freehold estate. It is generally equivalent to the modern concept of title.

Front 132

Servient Estate (Easements)

Back 132

Land that is subject to an easement. Also called a servient tenement.

Front 133

Servient Tenant (Easements)

Back 133

The person whose land is subject to an easement.

Front 134

Servient Tenement (Easements)

Back 134

Land that is subject to an easement. Also called a servient estate.

Front 135

Settlement (Contracts for the Sale of Land)

Back 135

The completion of a contract for the sale of land. The vendor conveys title to the property, and the purchaser pays the purchase price. Also called a closing.

Front 136

Severance (Concurrent Ownership)

Back 136

The conversion of a joint tenancy interest into a tenancy in common interest.

Front 137

Special Exception (Land Use)

Back 137

A use that is permitted by the zoning code when it will not adversely affect the neighborhood. Also called a conditional use.

Front 138

Spurious Easement

Back 138

The right to compel a possessor of land to do something on the land, such as build a fence.

Front 139

Strict Foreclosure

Back 139

See Foreclosure.

Front 140

Subdivision (Land Use)

Back 140

The division of a parcel of land into smaller lots.

Front 141

Subdivision Exaction (Land Use)

Back 141

A local government’s requirement that a developer contribute land or money to the government as a condition for its permission to build.

Front 142

Subdivision Map (Land Use)

Back 142

A map showing how a parcel of land is to be divided into smaller lots and the location of the streets and utilities.

Front 143

Subjacent Support (Miscellaneous Property Doctrines)

Back 143

The support that the surface of land receives from the property beneath it.

Front 144

Sublease (Landlord and Tenant)

Back 144

A tenant’s (sublessor’s) lease of his tenancy to a sublessee.

Front 145

Sublessee (Landlord and Tenant)

Back 145

The tenant in a sublease. Also called a subtenant.

Front 146

Sublessor (Landlord and Tenant)

Back 146

The landlord in a sublease.

Front 147

Surrender (Landlord and Tenant)

Back 147

The conveyance of a present estate to the holder of a future interest in the same property. A “surrender by operation of law” occurs when the tenant abandons the premises and the landlord re-enters.

Front 148

Survivorship (Concurrent Ownership)

Back 148

A feature of joint tenancy and tenancy by the entirety, whereby the surviving co-owner acquires the decedent co-owner’s interest in the property.

Front 149

Tacking (Adverse Possession)

Back 149

Adding the times of adverse possession of succeeding possessors who are in privity of estate (vertical privity).

Front 150

Tenancy at Sufferance (Landlord and Tenant)

Back 150

The status of a tenant who holds over after the expiration of his term without the landlord’s consent.

Front 151

Tenancy at Will (Landlord and Tenant)

Back 151

A nonfreehold estate that has no set termination date or regular rent and that may be terminated at the landlord’s or tenant’s election.

Front 152

Tenancy by the Entirety (Concurrent Ownership)

Back 152

A joint tenancy between spouses that cannot be severed.

Front 153

Tenancy for a Term (Landlord and Tenant)

Back 153

A nonfreehold estate with a specified termination date. Also called an estate for years.

Front 154

Tenancy from Period to Period (Landlord and Tenant)

Back 154

See Periodic Tenancy.

Front 155

Tenancy in Common (Concurrent Ownership)

Back 155

A form of co-ownership that requires only the unity of possession.

Front 156

Title Insurance (Title Assurance)

Back 156

A policy issued by a title company after searching the title, in which it represents the state of title and insures the accuracy of its search.

Front 157

Title Policy

Back 157

See Title Insurance.

Front 158

Touch and Concern (Covenants)

Back 158

A requirement for real covenants. They must relate to the land in order to bind and to benefit future owners.

Front 159

Tract Index (Priorities)

Back 159

An index of the documents recorded in the official land records that is organized according to the land’s description. Also called a parcel index.

Front 160

Trade Fixture (Miscellaneous Property Doctrines; Landlord and Tenant)

Back 160

A fixture installed for trade purposes.

Front 161

Transferable Development Right (Land Use; Miscellaneous Property Doctrines)

Back 161

Government permission to a property owner to build a taller or larger building elsewhere as compensation for building restrictions imposed on a parcel of land.

Front 162

Trespass (Miscellaneous Property Doctrines)

Back 162

An unprivileged physical intrusion on another’s land.

Front 163

Trespass to Try Title (Miscellaneous Property Doctrines)

Back 163

An action in trespass to recover damages and to establish the plaintiff’s title to the land.

Front 164

Variance (Land Use)

Back 164

A permit entitling a landowner to depart from some zoning requirement because of a unique hardship caused by special circumstances regarding her property.

Front 165

Vested (Estates)

Back 165

An interest that is certain to take (vested in interest) or that has become possessory (vested in possession).

Front 166

Vested Remainder (Estates)

Back 166

A remainder that has been given to an ascertained person and that is not subject to a condition precedent, other than the natural termination of prior estates.

Front 167

Warranty Deed (Title Assurance)

Back 167

A deed containing the grantor’s covenants of title.

Front 168

Waste (Miscellaneous Property Doctrines)

Back 168

Action or inaction by a possessor of land that causes unreasonable injury to the ownership rights of other interest holders in the same land. The doctrine of waste includes the obligation to make minor repairs to keep the premises windtight and watertight.

Front 169

Wild Deed (Priorities)

Back 169

An instrument that is recorded but is virtually undiscoverable in the indexes, because some previous instrument connecting it to the chain of title is unrecorded.

Front 170

Words of Limitation (Estates)

Back 170

Language in a deed indicating what estate is being conveyed.

Front 171

Word of Purchase (Estates)

Back 171

Language in a deed that identifies the grantee.

Front 172

Zoning (Land Use)

Back 172

The division of a region into separate districts with different regulations as to height, bulk, or use for each district.