Lien
A nonpossessory interest in property, giving a lienholder the right to foreclose if the owner does not pay a debt owed the lienholder; a financial encumbrance on the owner's title.
Assessment
1. A government's valuation of property for tax purposes. 2. A special assessment
Condemnation
1. Taking private property for public use, through the government's power of eminent domain. Also called appropriation. 2. A declaration that a structure is unfit for occupancy and must be closed or demolished.
Covenant
1. A contract. 2. A promise. 3. A guarantee (express or implied) in a document such as a deed or lease. 4. A restrictive covenant. (Typical covenants compel or prevent certain actions by the property owner or uses for the property.)
Deed Restriction
A restriction on real property use, imposed by a former owner; promise to do or not do an act relating to real property; usually owner's promise to not use property in a particular way. May or may not run with land. Also called: Restrictive Covenant
Easement by Express Grant
An easement granted to another in a deed or other document.
Easement by Express Reservation
An easement created in a deed when a landowner is dividing the property, transferring the servient tenement but retaining the dominant tenement.
Easement by Implication
An easement created by operation of law (not express grant or reservation) when land is divided, if there is a long-standing, apparent use that is reasonably necessary for enjoyment of the dominant tenement. Also called an implied easement.
Easement by Necessity
A special kind of easement by implication that occurs when the dominant tenement would be completely useless without an easement, even if it is not a long-standing, apparent use.
Easement by Prescription
An easement created by open and notorious, hostile, and adverse use of another person's land for a specific period of time determined by state law. Prescriptive use does not have to be exclusive (the owner may be using the property, too), and the user does not acquire title to the property. Also called Prescriptive Easement.
Easement in Gross
An easement that benefits a person instead of a piece of land; there is a dominant tenant, but no dominant tenement.
Enroachment
A physical object intruding onto neighboring property, often due to a mistake regarding the boundary.
Encumbrance
Any claim, lien, charge, or liability that affects or limits the fee simple title to real property.
General Lien
A lien against all property of a debtor, instead of a particular piece of property
Lis Pendens
A recorded notice stating that there is a lawsuit pending that may affect title to the defendant's real estate.
Mechanic's Lien
A specific lien claimed by someone who performed work on the property (construction, repairs, or improvements) and has not been paid. This term is often used in a general sense, referring to materialmen's liens as well as actual mechanics' liens.
Specific Lien
A lien that attaches only to a particular piece of property (as opposed to a general lien, which attaches to all of the debtor's property).
Probate
A judicial proceeding in which the validity of a will is established and the executor is authorized to distribute the estate property; or, when there is no valid will, a judicial proceeding in which an administrator is appointed to distribute the estate to heirs according to the laws of intestate succession.
ad valorem
A Latin phrase meaning 'according to value'; used to refer to taxes assessed on the value of property.
Mortgagee
A lender who accepts a mortgage as security for repayment of the loan.
Pur Autre Vie
A life estate 'for the life of another,' where the measuring life is someone other than the life tenant. Also called: Life Estate Pur Autre Vie
Title
Actual lawful ownership of real property. (This is NOT a document, but rather a concept or theory dealing with ownership.)
Involuntary Alienation
The transfer of an interest in property against the will of the owner, or without action by the owner, occurring through operation of law, natural processes, or adverse possession.
Prescriptive Easement
An easement acquired by prescription. Also called: Easement by Prescription
Express Reservation
An easement created in a deed when a landowner is dividing the property, transferring the servient tenement but retaining the dominant tenement. Also: Easement by Express Reservation
Express Grant
An easement granted to another in a deed or other document. Also: Easement by Express Grant
Accretion
A gradual addition to dry land by the forces of nature, as when the tide deposits water-borne sediment on shoreline property.
Air Rights
The right to undisturbed use and control of the airspace over a parcel of land (within reasonable limits for air travel); may be transferred separately from the land.
Appurtenance
A right that goes along with ownership of real property; usually transferred with the property, but may be sold separately.
Chattel Real
A provision in a contract, deed, law, regulation, guideline, etc. that makes the parties' rights and obligations depend on the occurrence (or non-occurrence) of a particular event. Also called a Contingency Clause.
Defeasible Fee
A fee estate in real property that may be defeated or undone if certain events occur or conditions aren't met. Also called Fee Simple Defeasible
Dominant Tenant
A person who has easement rights on another's property; either the owner of a dominant tenement, or someone who has an easement in gross.
Easement
A nonpossessory interest and an encumbrance on property that grants the right to use another person's real property for a particular purpose.
Erosion
A gradual loss of soil due to the action of water or wind