Abstract (Of Title)
An abstract of a title is a summary of the public records about
the title (proof of ownership) to a piece of property. An attorney
or title insurance company looks an abstract of title to see
if there are any problems that must be cleared before a buyer
can buy the property.
Building Line or Setback
The building line or setback marks the area within the property
where you are allowed to build.
Certificate of Title
A certificate of title is made by a title company or a by an
attorney. It says the seller actually has title to the property
which he is offering for sale.
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Meaning 1 – The
government (city, state, or federal) forces you to sell
your property to them for a government purpose,
like building or widening a road. The government’s
right to do this is called Eminent Domain.
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Meaning 2 – The
government declares that a building is unsafe.
Deed
A deed is a formal written document that transfers the
title to real estate property from one owner to another.
It is
signed and witnessed according to the laws of the State
where the property is located. The buyer gets the deed
on the closing
day.
Easement Rights
Easement rights give someone the right to go on or across
property for a stated purpose. For example, an electric
company will
have the right to go on to private property to access
their power lines.
Encroachment
An encroachment is part of a building or other obstruction
that goes past its property line, or past its building line.
The government can force you to tear a building down if it
has an encroachment.
Encumbrance
An encumbrance is a legal right or interest in land that makes
the property harder to sell, and hurts its value. Here are
some examples:
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zoning ordinances,
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easement rights,
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mortgages and liens,
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a pending legal
action,
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unpaid taxes, or
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restrictive covenants.
General Warranty Deed
A general warranty deed is a deed with a guarantee. If there
are unknown claims on the property, they will be the responsibility
of the one who gave this guaranteed deed.
Grantee
In the deed, the buyer is called the grantee.
Grantor
In the deed, the seller is called the grantor.
Marketable Title
A marketable (sellable) title has no problems that would keep
it from being transferred.
Quitclaim Deed
If you sign a quitclaim deed for a property, you give away
whatever rights of ownership you may have in that property.
If you buy a property from someone who uses a quitclaim deed
to clear the title, there is no guarantee because they are
only saying they’re giving up whatever rights they may
have, not what rights they do have.
Restrictive Covenants
Restrictive covenants are rules made by previous owners
of the land that current owners must obey by law. They
limit
such things as:
-
density of buildings per acre,
-
size, style or price
range of buildings,
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types of businesses allowed
Special Lien
A special lien is lien that binds a specified piece of property.
A general lien applies to all of a person’s assets.
Special Warranty Deed
In a special warranty deed, the seller guarantees that he has
not done anything during the time he owned the property that
would interfere with the new owner’s title to the property.
It does not guarantee that there are no problems that happened
before he owned the property.
Title
Title is the right of ownership and control of a particular
property. Title also means the documents that legally establish
ownership of a particular property.
Title Insurance
Title Insurance protects lenders or buyer if there is a legal
problem with the title.
Title Search or Examination
A title search or title examination checks the title records
at the local courthouse. It makes sure the buyer is buying
the property from the legal owner and there are no liens,
claims or restrictive covenants that would make the property
worth less money.
Trustee
A trustee is a person who has legal responsibility to care
for someone else’s property. If a minor or someone
who is very sick owns property, a trustee manages the property
for them.
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