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Basic Real Estate Terminology

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Mortgage

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A loan secured by real property, typically paid back over a period of years, used by individuals and businesses to make large real estate purchases without paying the entire value upfront.

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Adverse Possession

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A legal doctrine that allows a person who possesses or resides on the land of another for an extended period to claim legal title to that land.

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Assessment

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The act of determining the value of property for the purpose of taxation.

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Setback

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The minimum distance which a building or other structure must be set back from a street or road, a river or other stream, or any other place which is deemed to need protection.

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Conveyancing

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The legal process of transferring property from one owner to another.

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Lien

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A legal right or claim against a property by a creditor to secure payment of a debt or obligation.

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Closing

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The final step in executing a real estate transaction. It includes the transferring of property ownership from seller to buyer, according to the terms set in the sales contract.

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Joint Tenancy

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A type of property ownership where two or more people hold equal shares in the property, with rights of survivorship.

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Equity

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The difference between the market value of a property and the amount still owed on its mortgage.

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Eminent Domain

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The right of the government or its agent to expropriate private property for public use, with payment of compensation.

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Earnest Money

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A deposit made by the buyer to the seller representing a buyer's good faith to buy a home. It becomes part of the down payment if the offer is accepted.

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Fixture

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Personal property that becomes real property when attached to the land or a building.

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Encumbrance

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Any claim or restriction on a property that may diminish its value, such as a lien, easement, or zoning restrictions.

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Foreclosure

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The legal process by which an owner's right to a property is terminated, usually due to default on a mortgage.

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Tenancy in Common

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A form of concurrent ownership of property where each owner has a distinct, transferrable interest, which may be unequal in size, and which passes through probate upon death.

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Deed

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A legal document that represents the ownership and boundaries of a property and is used to transfer property ownership.

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Appraisal

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The process of determining the value of property, usually for the purpose of obtaining a mortgage or selling the property.

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Sublease

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A lease by a tenant to a third party for part of the lessee's existing term.

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Easement

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A non-possessory right to use and/or enter onto the real property of another without possessing it.

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Title

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A legal concept meaning the lawful basis for the right to possess a property; in real estate, the collection of rights that an individual holds to use and enjoy the property.

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Lease

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A contractual agreement where a leaseholder obtains the right to use a property for a specified period in exchange for payment, but does not obtain ownership.

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Quiet Title

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A lawsuit brought in a court to establish a party's title to real property and eliminate any challenges or claims to the property.

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Short Sale

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A sale of real estate in which the net proceeds are less than the debts owed on the property, but the lender agrees to accept less than the amount owed.

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Escrow

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A legal arrangement where a third party temporarily holds large sums money or property until a particular condition has been met (e.g., the fulfillment of a purchase agreement).

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Zoning

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The legislative process governing the use of land and the buildings on it, like locating residential, commercial, and industrial areas within a city.

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Covenant

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A promise in a written contract or a deed of real property imposing certain obligations or restrictions on the use of the property.

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Market Value

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The most probable price a property should bring in a competitive and open market under all conditions requisite to a fair sale.

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Riparian Rights

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Legal rights of a property owner whose land is adjacent to a watercourse, relating to the use of water from it.

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Real Estate Agent

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A licensed professional who represents buyers or sellers in real estate transactions.

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Capital Gains

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Profit from the sale of property or of an investment.

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