Real Estate Glossary and Terminology

 

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CAPITALIZATION

In appraising, determining value of a property by considering net income and percentage or reasonable return on the investment.

CAPITALIZATION RATE

A reasonable percentage rate or return based on net income.  The capitalization rate is used to determine value.

CAVEAT EMPTOR

Means "let the buyer beware."  The buyer must examine the goods or property and buy at his own risk.

CHAIN OF TITLE

A history of conveyances and encumbrances affecting the title from the time the original patent was granted or as far back as records are available.

CHATTEL MORTGAGE

A personal property mortgage.

CHATTEL REAL

An estate related to real estate such as lease on real property.

CHATTELS

Goods or every purchase of property movable or immoveable which are not real property.

CLOSED MORTGAGE

A mortgage which cannot be paid off until its maturity unless the creditor consents to earlier payment.

CLOUD ON THE TITLE

Any conditions revealed by a title search which affect the title to property; usually relatively unimportant items but which cannot be removed without a quit claim deed or court action.

COLLATERAL SECURITY

A separate obligation attached to a contract to guarantee its performance; the transfer of property or of other contracts or valuables to ensure the performance of a principal agreement.

COLLUSION

An agreement between two or more persons to defraud another of his rights by the forms of law or to obtain an object forbidden by law.

COLOR OF TITLE

That which appears to be a good title but which is not a title in fact.

COMMERCIAL PAPER

Bills of exchange used in commercial title.

COMMISSION

An agent's compensation for performing the duties of his agency; is real estate practice, a percentage of the selling price of property, percentage of rentals, etc. 

COMMITMENT

A pledge or promise or firm agreement.

COMMUNITY OR CONJUGAL PROPERTY

Property accumulated through the joint effort of a husband and wife living together.

COMPACTION

Whenever extra soil is added to a lot to fill in low places or raise the level of the lot the added soil is often too loose and soft to sustain the weight of the building. Therefore, it is necessary to compact the added soil so that it will carry the weight of the building without the danger of their titling, settling or cracking. 

COMPOUND INTEREST

Interest paid or original principal and also on accrued and unpaid interest which has accumulated.

CONDEMNATION

This is the act of taking private property for public use by a political subdivision; a declaration that a structure is unfit for use.

CONDITIONAL SALE CONTRACT

A contract for the sale of property stating that delivery is to be made for the buyer, the title is remain vested in the seller until the condition of the contract have been fulfilled.

CONDOMINIUM

A system of individual ownership of a unit in a multi-family structure, combined with joint ownership of a common areas of the structure and the land.  (Sometimes referred to as vertical subdivision).

CONSIDERATION

Anything of value given to induce entering into a contract, it may be money, personal service, or even love and affection.

CONSTRUCTIVE NOTICE

Notice given by the public records.

CONTRACT

An Agreement, either written or oral to do or not to do certain things.

CONTRACT RENT

The rent for the lease of property as stimulated by the lessor and the lessee.

CONVERSION 

A change from one character or use to another.

CONVEYANCE

The transfer of the title of land from one to another.  It denotes an instrument which carries from one person to another an interest in land.

CORNER INFLUENCE

The added desirability or utility of a property due to its frontage to two streets, which provides better ventilation for residential purposes easier accessibility and more commercial displays for commercial and industrial utilization.

CORPORATION

A group of body of persons established and treated by laws as an individual or unit with rights and liabilities of both distinct and apart from those of the persons composing it.  A corporation is a creature of law having certain powers and duties of a natural person .  Being created by law, it may continue for an length of time the law prescribes.

COVENANT

Agreement written into deeds and other instruments promising performance or non-performance of certain acts or stipulating certain uses or non-use of the property.

CUL DE SAC

A passageway with one outlet; a blind alley.

CURTAIL SCHEDULE

A listing of the amounts by which the principal sum of an obligation is to be reduced by partial payments and of the dates when each payment will become payable.

 

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