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Legal Issues

Quiz yourself by thinking what should be in each of the black spaces below before clicking on it to display the answer.
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Question
Answer
abstract of title   The history of a title and the current status of a title based on a title examination  
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accession rights   Property owners rights to all that the land produces or to all that is added to the land, either intentionally or by mistake  
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acknowledgment   A formatl statement made before an authorized official (ie: notary public)by a person who executed a deed,a contract or another document that it was a free act  
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act of waste   Abuse or misuse of property by a life tenant  
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adverse possession1   A method of acquiring title to real property by conforming to statutory requirement  
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air rights   Rights to the air space above the surface of the land  
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alienation   Transfer of title to real property  
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alluvion   Increased soil, gravel or sand on a stream bank resulting from flow or current of the water  
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appurtenances   All rights or privileges that result from ownership of a specific property and move with the title  
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assessments   A percentage of a propery's market value;this figure is used for property tax purposes and ultimately determines how the total tax is shared among property owners  
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avulsion   Sudden loss of gain of land as a result of water or shift in a riverbed that has been used as a boundary  
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bargain and sale deed   A form of deed with or without covenants of title  
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beneficiary1   The recipient of personal property by will  
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beneficiary2   The lender in a deed of trust  
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adverse possession2   A form of involuntary alienation of title  
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block and lot   A valid legal description of property on the tax map or a prior recorded legal instrument  
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bundle of rights   The rights of an owner of a freehold estate to possession, enjoyment, control, and disposition of real property  
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chain of title   Successive conveyances of title to a specific parcel of land  
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chattel   Personal Property  
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closing statement   An accounting of the funds received and disbursed in a real estate transaction  
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consideration   Anything of value, as recognized by law, that is offered as an inducement to a contract  
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constructive notice   Notice in which all affected parties are bound by the knowledge of a fact even though they have not been actually notified of such fact  
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active notice   The knowledge a person has of a fact  
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conveyance   Transfer of title to real property  
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credits   In a closing statement, money to be received or credit given for money or an obligation given  
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debits   In a closing statement,an expense or money received against a credit  
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curtesy   A husband's interest in the real property of his wife  
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dower   A wife's interest in her husband's real property  
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dedication   An appropriation of land or an easement therein given by the owner to the public  
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dedicatiton by deed   The deeding of a parcel of land to a municipality  
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delivery and acceptance   The transfer of a title by deed requiring the grantor to deliver and the grantee to accept a given deed  
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acceptabe types of property description   metes and bounds;reference,lot and block and monuments  
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dominant tenement   land benefiting from an easement appurtenant  
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easement   A nonpossessory right of use in the land owned by another  
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easement appurtenant   A right of use in the adjoining land of another that moves with the title to the property benfiting from the easement  
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easement by condemnation   Created by the excercise of the government's right of eminent domain  
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easement for light and air   A type of negative easement restraining a property owner from developing his or her propety so as to block the view of another  
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easements by grant   Created by the express written agreement of the landowners, usually in a deed  
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easements by implication   Arising by implication from the conduct of the parties  
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easements by necessity   Exists when a landowner has no access to roads and is landlocked  
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easements by prescription   Obtained by use of the land of another for the legally prescribed length of time  
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easements in gross   A right of use in the land of another without the requirement that the holder of the right own adjoining land  
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encroachment   Trespass on the land of another as a result of intrusion by some structure or other object  
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encumbrance   A claim, lien, charge or liability attached to and binding upon real property  
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executor   A male appointed in a will to see that the terms of the will are carried out  
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executrix   A female appointed in a will to see that the terms of the will are carried out  
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fee simple estate   The ownership and right of title to land for an undetermined period of time and can be inherited  
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fixture   Personal property that has become real property by having been permanently attached to real property  
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full covenant and warranty deed   A deed containing the strongest and broadest form of guarantee of title  
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general lien   A lien that attaches to all of the property of a person within the court's jurisdiction  
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specific lien   A lien that attaches to one particular property only  
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grantor   A person who conveys title to real property by deed  
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grantee   A person who receives title to real property by deed  
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habendum clause   The statement in a deed beginning with the words 'to have and to hold' and describing the estate granted  
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homestead   Properties that are wholly or partly used as owners' residences and are classified as such for property tax purposes  
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illiquid   An investment that is not easily convertible to cash  
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involuntary alienation   Transfer to title of real property as a result of a lien foreclosure sale, adverse possession, the filing of a petition in bankruptcy, or condemnation under power of eminent domain or upon the death of the titleholder, to the state when there are no heirs  
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voluntary alienation   The transfer of title freely by the owner  
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involuntary lien   An act in which a creditor places a claim on real and or personal property of another to obtain payment of a debt  
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voluntary lien   A type of lien in which individuals consent to placing a security against themselves or their property  
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joint tenancy   A form of co-ownership that includes the right of survivorship  
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joint venture   Participation of two or more parties in a single undertaking  
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land patent   A document conveying public land to an individual  
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license   A personal privilege to do a particular act or a series of acts on the land of another  
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life estate1   A freehold estate created for the duration of the life or lives of certain named persons  
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life estate2   A noninheritable estate  
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life estate in reversion   A form of life estate that goes back to the creator of the estate in fee simple upon termination  
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lis pendens   A lawsuit pending  
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littoral rights   Rights belonging to the owner of land that borders a lake, an ocean, or a sea  
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marketable title   A title that is free from reasonable doubt and that a court would require a purchaser to accept  
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mechanics lien   A statutory lien available to persons supplying labor (mechanics) or material (materialmen)to the construction of an improvement on land when they are not paid  
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metes and bounds   A system of land description by distances and directions  
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ownership in severalty   Title to real property held in the name of only one person  
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parcel   A specific portion of land, such as a lot  
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partition   A legal proceeding dividing property of co-owners so each will hold title in severalty  
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party wall   A common wall used by two adjoining structures  
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personal property1   All property that is not land and that is not permanently attached to the land  
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personal property2   chattel  
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personal property3   Everything that is movable  
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possession1   A person who either actively or constructively occupies a property  
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possession2   implies constructive notice that the possessor has certain legal rights  
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possessory   The act of occupying a property, which implies certain rights  
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nonpossessory   An individual does not occupy a property; easements imply a nonpossessory interest in land owned by another  
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proration   Division of certain settlement costs between buyer and seller  
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public grant   A grant of power, license or real property from the state or government to a private individual  
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quitclaim deed1   A deed of release that contains no warranty of title  
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quitclaim deed2   Used to remove a cloud on a title  
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RESPA   Real Estate Settlement Procedures Act  
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Real Estate Settlement Procedures Act   A federal law regulating activities of lending institutions in making mortgage loans for housing  
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real property   The aggregate of rights, powers and privileges conveyed with ownership of real estate  
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real property tax lien   Taxes levied against real property by the local government that have priority over all other liens  
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referee's deed   Used to convey real property when a court appointed individual (referee) acts as directed by the court in a bankruptcy or similar case  
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reference to a plat   A description on a deed that may refer to a plat map and lot number as part of a recorded subdivision  
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reliction   the gradual change of a water line on real property which gives the owner more dry land  
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remainder interest   A future interest in a life estate  
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remainderman   A person who has a future interest in a life estate  
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reversionary interest   A provision stating the owners's interest-that possession of property will go back to the overn at the end of the lease  
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right of survivorship   The right of an owner to receive the title to a co-owner's share upon death of a co-owner, as in the case of joint tenancy and tenancy by the entirety  
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right of way   An easement allowing someone to use the land of another  
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riparian rights   The rights of an owner of property adjoining a watercourse such as a river, including access to and use of the water  
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servient tenement   Land encumbered by an easement  
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special purpose real estate   A category of real property created as a result of combining the land and its improvements for a single highest and best use  
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subordination agreement   Modifies the priority of certain liens; an earlier lienholder may 'take a backseat' to a later lienholder  
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subsurface rights   Rights to the area below the earth's surface  
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survey   A document showing measurements, boundaries and area of a property  
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tenancy by the entirety   A form of co-ownership limited to husband and wife, with the right of survivorship  
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tenancy in common   A form of co-ownership that does not include the right of survivorship  
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title   Evidence of the right to possess property  
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title closing1   The consummation of a real estate contract  
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title closing2   A meeting in which the buyer,seller and closing agent meet for execution of documents and disbursement of funds  
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title insurance   An insurance policy protecting the insured from a financial loss caused by a defect in a title to real property  
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title search   An examination of the public record to determine the quality of a title to real property; finds evidence of a marketable title  
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trade fixtures   Items that are installed by a commercial tenant and are removable upon termination of the tenancy  
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trustee   A person who holds title to property for the benefit of another called a beneficiary  
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trustor   A person who conveys title to a trustee  
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undivided interest   Ownership of fractional parts not physically divided  
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unity of interest   Created when all co-owners have the same percentage of ownership in a property  
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unity of possession   Created when all co-owners have the right to possess any and all portions of the property owned, without physical division  
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unity of title   Created when co-owners have the same type of ownership in a property  
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unity of time   Created when co-owners receive title at the same time in the same conveyance  
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