Listed below are a number of terms you may hear or read in the
course of purchasing your property. If you have any questions
please call us at 1.888.6TIGER8 (684.4378) and we'll be happy to
give you the information you need.
Abstract (of title) - A condensed history of a title to real
estate consisting of a summary of the various links in the chain
of title, together with a statement of all liens, judgements,
taxes or encumbrances affecting the property.
Adverse possession - Possession inconsistent with the right of
the true owner.
Curtesy - In most states, an estate for life which a husband
takes at the death of his wife in one-third of those properties
which she owned at the time she died.
Deed - A written instrument duly executed and delivered for the
purpose of conveying title to real estate.
Defect of record - Any encumbrance on a title which is made part
of the public record. Some recorded defects are judgements,
mortgages, other liens, easements, etc.
Dower - In most states, an estate for life which a wife takes at
the death of her husband in one-third of those properties which
he owned at the time he died.
Easement - A privilege or right of use or enjoyment which one
person may have in the lands of another; for example, a
right-of-way for utility lines, a joint driveway, etc.
Encroachment - Trespass: the building of a structure or any
improvements partly or entirely intruding upon the property of
another.
Encumbrance - Any right to or interest in land which may be held
by third parties to the lessening of the value of the title to
real estate, such as a judgement, unpaid taxes, other liens,
easements, etc.
Equity - The interest or value which an owner has in real estate
over and above the debts against it.
General Warranty Deed - A deed containing a covenant whereby the
grantor agrees to protect the grantee against any claimant.
Grantee - The buyer of real estate.
Grantor - The seller of real estate.
Hidden defect - Any encumbrance on a title that is not apparent
in the public records: for example, unknown heirs, secret
marriages, forged instruments, mental incompetency, infancy of
the grantor, etc.
Infancy - That state of being wherein a person has not yet
reached the age of legal majority-in most states an infant is a
person who has not yet reached the age of 18, although in some
states the age of majority is still 21.
Lien - A hold or claim which one person has upon the property of
another as a security for some debt or charge.
Mortgagee - the lender under a mortgage.
Mortgagor - the borrower under a mortgage.
Partial interest - Any interest less than a whole; for example, a
wife's dower interest, an heir overlooked in the distribution of
an estate (partial interests in properties may get down to very
small fractions.)
Perfecting title - the elimination of all claims made against a
title to real estate.
Restriction - A limitation placed upon the use of real estate.
Some common restrictions are set-back lines prohibiting the
erection of any part of a building less than a specified number
of feet from the street line; an ordinance restricting land to
residential use, etc.
Special Warranty Deed - A deed containing a covenant whereby the
grantor agrees to protect the grantee against any claims created
by the grantor.
Title - the sum of all the facts on which ownership is founded or
by which ownership is proved. Possession, the right of possession
and the right of property form a complete title.
Title defect - Any circumstance that adversely affects the right
of the whole ownership of property by the owner of record.
Title failure - Any circumstance that defeats the right of whole
ownership of property by the owner of record.
Title search - The examination of all the records comprising a
history of the title to real estate (see "abstract of title").
Title search fee - the charge made by an attorney or abstractor
for performing a title search.