|
Abandonment
- The voluntary relinquishment of rights of ownership or another
interest( such as easement) by failure to use the property, coupled
with an intent to abandon (give up interest).
Abatement
- A reduction or decrease. Usually applies to a decrease of
assessed valuation of ad valorem taxes after the assessment and
levy.
ABC Soil - Soil having distinct A (upper) B (middle) and
C (lower) horizons (layers of soil).
Absentee Landlord - A lesser of real property (usually the
owner) who does not live in a portion of the property.
Absentee Owner - An owner who does not occupy the property.
Absorption - The filling of space, such as the rental of
units or sale of a tract. The time or rate must be estimated and
considered as part of the owner's (usually the builder) costs.
Abstract - A summary; an abridgement. Before the use of photostatic
copying, public records were kept by abstracts of recorded documents.
Abstracter's
Certificate - A certificate contained in an abstract which shows
the time period and scope of the search of public records done by
a abstracter usually associated with a Title Insurance Company.
Abstract of Judgment - A summary of the essential provisions
of a court judgment, which when recorded in the county recorders
office, creates a lien upon the property of the defendant in that
county, both presently owned or acquired.
Abstract of Title - A compilation of the recorded documents
relating to a parcel of land, from which an attorney may give an
opinion as to the condition of title. Still in use in some states,
but giving way to the use of title insurance.
Abut
- To touch, border on, or be contiguous to.
Abutments - The vertical members (walls or heavy columns)
which bear the load or pressure of the cross member, such as an
arch, pier, or similar structure.
Abutting Owner - One whose land is contiguous to (abuts)
a public right of way.
Accelerated
Cost Recovery System (ACRS) - A portion of the Economic Recovery
Act of 1981 which allows shorter depreciation of both real and personal
property, does not distinguish between new and used property, and
disregards salvage value.
Acceleration Clause -Clause used in an installment sale note
and mortgage ( or deed of trust ), which gives the lender the right
to demand payment in full upon the happening of a certain event,
such as failure to pay an installment by a certain date, change
of ownership without the lender's consent, destruction of the property
or other event which endangers the security of the loan.
Acceptance
- Voluntarily agreeing to the price and terms of a offer. Note:
offer and acceptance create a contract.
Accessibility - The location of a site in terms of how easily
it may be reached by customers, employees, carriers, and other necessary
to the intended use of the property.
Accession - The right of an owner to an increase in his/her
property by natural means (such as a riparian owner's right to an
abandoned river bed, rights of alluvion and reliction, etc.) or
artificially, by improvements.
Accessory Buildings - Structures used for the benefit of
a central or main building, such as a tool shed, garage, or similar
structure.
Access Right - A right to ingress and egress to and from
one's property. May be expressed or implied.
Accommodation Party - Person who lends his name to help secure
credit for another, by signing a note or other obligation without
receiving consideration.
Accommodation Recording - The recording of documents with
the county recorder by a title insurance company, without liability
(no insurance) on the part of the company, but merely as a convenience
to a customer.
Accord - An agreement by which one accepts something different
(usually less)from what is owned as full satisfaction. The amount
owed may be in dispute or simply accepted as full satisfaction by
the creditor or claimant. The agreement and acceptance is called
"Accord and Satisfaction".
Accounts
Payable - Money owing. The term is generally used in business
rather than personal finances. Usually represents services or materials,
such as wood, bricks, payment of subcontractors, etc., to a builder.
Accounts Receivable - Money owed to a business for goods
or services.
Accretion
- The gradual addition to the shore or bank of a waterway. The land
generally becomes the property of the owner of the shore or bank,
except where statues specify otherwise.
Accrual Accounting - An accounting method under which income
and expenses are charged to the periods for which they are applicable,
rather than when payment is received or made. The method calling
for income and expenses to be based on payment being received or
mage in cash accounting.
Accrue - To grow or mature.
Accrued
Depreciation - (1)The amount reserved each year in the accounting
system for the replacement of a building or other asset. (2) The
useful life of a property at any given time.
Accrued Interest - Interest on a note, bond, etc. which has
been earned but not yet paid. Since interest is usually paid in
arrears, accrued interest does not necessarily indicate a delinquency
in payment.
Accumulated Depreciation - (See: Accrued Depreciation).
Accumulated Interest - Unpaid interest which is past due.
(See also: Accrued interest.)
Acid Soil - A soil with a acid rather than a alkaline base.
This can determine its suitability for farming.
Acid Test Ratio - A formula used by lending institutions
determine if a business can meet its current obligations. The formula
adds cash plus receivables plus marketable securities and then divides
the liabilities. A ratio of one to one is considered acceptable.
Acknowledgement - A written declaration by a person executing
an instrument, given before an officer authorized to give an oath
(usually a notary public), stating that the execution is of his/her
own volition.
Acoustical Materials - Materials which absorb sound. Usually
plaster, or similar materials.
Acoustical Tile - Tile which absorbs sound.
Acquisition Appraisal - An appraisal to determine market
value of a property to be taken by eminent domain, in order to justify
compensate the owner.
Acquisition
Appraisal - An appraisal to determine market value of a property
to be taken by eminent domain, in order to justify compensate the
owner.
Acquisition Costs - Costs of acquiring property other than
purchase price; escrow fees, title insurance, lenders fees, etc.
Acre - a measure. usually land, equal to 160 sq. rods (43,560
sq.ft.) in any shape.
Acreage - Any parcel land which may be measured in terms
of acres. Usually qualified by its zoning or usage, such as residential
acreage, industrial acreage, etc.
Acreage Control - Federal control setting the number of acres
which may be planted with crops which have federal price supports.
Acre Foot - A volume of water, sand, coal, etc., equal to
an area one acre with a depth of one foot (43,560 cubic foot). If
a liquid, 325,850 gallons.
Acre-inch - A cubic measure of one acre in area with a depth
of one inch.
Action To Quiet Title - A court action to establish ownership
to real property. Although technically not an action to remove a
cloud on title, the two actions are usually referred to as "Quiet
Title" actions.
Active Capital - Capital used on a regular basis for profit-making
activities.
Act Of God - Damage caused by nature (floods, winds, etc.)
rather than destruction by man.
Actual Age - The chronological age of a structure as opposed
to its effective or economic age.
Actual Notice - Notice actually and expressly, or by implication,
given and received.
Ad - By, for, relating to, concerning.
Addendum - Something added. A list or other material added
to a document, letter, contractual agreement, escrow instructions,
etc.
Addition - (1) A portion of a building added to the original
structure. (2) a synonym for subdivision in certain legal descriptions.
Additional
Deposit - A buyer of real property will generally give a small
deposit with an offer, and a more substantial deposit after the
offer has been accepted. The second deposit is the additional deposit.
Add -On Interest - A method of charging interest usually
used in the financing of autos, but not generally used in real estate
financing. Interest is computed on the total amount barrowed and
added on to the principal. Each payment is then deducted from this
total amount. Interest on real estate loans is usually figured based
on the balance owing after each payment is made (declining balance).
AD HOC - Latin meaning "for this". For a single
purpose only.
Adjacent - Close to. May or may not be contiguous (touching).
Adjoining - Touching or contiguous.
Adjudication
- A judgment or decision by a court.
|