Skip to content

Real Estate Law Glossary

25 essential terms — because precise language is the foundation of clear thinking in Real Estate Law.

Showing 25 of 25 terms

A condensed history of the title to a particular parcel of real estate, consisting of a summary of all recorded instruments that affect the title.

Related:Title SearchTitle Insurance

A legal doctrine allowing a person to acquire ownership of land by occupying it openly, continuously, exclusively, and without permission for a statutory period.

Related:Prescriptive EasementQuiet Title Action

The final step in a real estate transaction where ownership is transferred, documents are signed, funds are disbursed, and the deed is recorded.

Related:EscrowSettlement Statement

The transfer of legal title to real property from one person to another by means of a written instrument, typically a deed.

Related:DeedGrantorGrantee

A binding agreement or promise in a deed or other instrument regarding the use or restriction of property.

Related:Deed RestrictionEncumbrance

A written instrument that conveys an interest in real property from the grantor to the grantee upon delivery and acceptance.

Related:General Warranty DeedQuitclaim Deed

A nonpossessory interest in land that grants the holder the right to use another's property for a specific purpose.

Related:Easement AppurtenantEasement in Gross

The power of the government to take private property for public use upon payment of just compensation.

Related:CondemnationJust CompensationTakings Clause

Any right, interest, or claim that affects or limits the title to real property, such as liens, easements, or restrictive covenants.

Related:LienEasementCovenant

A neutral third-party arrangement in which funds, documents, or assets are held until all conditions of a transaction are met.

Related:ClosingEscrow Agent

The greatest possible estate in land, granting the owner full rights of ownership including possession, use, and disposition.

Related:Fee Simple AbsoluteFee Simple Defeasible

The legal process by which a lender repossesses and sells a property after the borrower defaults on mortgage payments.

Related:MortgageDefaultPower of Sale

A legal provision that protects a portion of a homeowner's equity in their primary residence from creditors and property taxes.

Related:Property TaxExemption

A form of property co-ownership with equal shares and the right of survivorship, meaning a deceased owner's share passes automatically to the surviving owners.

Related:Tenancy in CommonRight of Survivorship

A legal claim against a property that serves as security for a debt or obligation owed by the property owner.

Related:Mortgage LienMechanic's LienTax Lien

A recorded notice that a lawsuit affecting title to or possession of real property has been filed, alerting potential buyers or lenders of the pending action.

Related:Title SearchEncumbrance

A security instrument in which real property is pledged as collateral for a loan, giving the lender the right to foreclose upon default.

Related:Deed of TrustPromissory NoteForeclosure

A map or plan of a specific land area, such as a subdivision, showing the boundaries, lots, streets, and easements as recorded with the local government.

Related:SubdivisionSurvey

The constitutional authority of government to regulate property use for the protection of public health, safety, and welfare, including through zoning and building codes.

Related:ZoningBuilding Code

A lawsuit filed to establish or confirm ownership of real property and remove any clouds on the title, such as competing claims or defects.

Related:Adverse PossessionTitle Defect

The act of filing documents such as deeds, mortgages, and liens with the county recorder's office to provide public notice of property interests.

Related:Recording StatuteConstructive Notice

A sum of money paid by a tenant to a landlord at the start of a lease, held as security against damage to the property or unpaid rent.

Related:LeaseLandlord-Tenant Law

A form of property co-ownership in which each owner holds a separate undivided interest that may be of unequal size and does not include the right of survivorship.

Related:Joint TenancyPartition

A system of land use regulation by which a local government divides its territory into districts and prescribes the permitted uses and development standards for each.

Related:VarianceRezoningPolice Power
Real Estate Law Glossary - Key Terms & Definitions | PiqCue