Real Estate Glossary and Terminology

 

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EASEMENT

Created by grant or agreement for a specific purpose, an easement is the right, privilege, or interest which one party has in the land of another. (Example:  right of way).

ECONOMIC LIFE

The period over which a property will yield a return on the investment, over and above the economic or ground rent to land.

ECONOMIC RENT

The potential rent which a property can command, considering rental of similar or comparable properties in the neighborhood.

EMINENT DOMAIN

The right of the government to acquire property for necessary public or quasi-public use by condemnation.

ENCROACHMENT

Trespass; the building of a structure or construction of any improvements partly or wholly on the property of another.

ENCUMBRANCE

Anything which affects or limits the fee simple title to property such as mortgages, easements, or restrictions of any kind. Liens are money encumbrances which make the property security for the payment of a debt or obligations, such as mortgages and taxes.

EQUITY

The interest or value which an owner has in real estate over and above the liens against it.

EQUITY OF REDEMPTION

The right to redeem property during the foreclosure period, such as a mortgagor's right to redeem within a year after foreclosure sale.

EROSION

The wearing away of land by the action of water, wing or glacial ice.

ESCALATION CLAUSE

A in a contract providing for the upward or downward adjustment of certain items to cover specified contingencies.

ESCROW

The deposit of instrument and funds with instructions to a third neutral party to carry out the provisions of an agreement or contract; when everything is deposited to enable carrying out the instructions, it is called a complete or perfect escrow. 

ESCHEAT

The reverting of property to the estate when heirs capable of inheriting are lacking.

ESTATE

As applied to the real estate practice the term signifies the quantity of interest, share, right, equity or which riches or fortune may consist, in real property.  The degree, quantity, nature and extent of interest which a person has in real property.

ETHICS

That a branch of moral science, idealism, justness, and fairness which treats of the duties that a member of profession or crafts owes to the public, to his clients or patron and to his professional brethren or members.

EXCLUSIVE RIGHT-TO-SELL LISTING

A written agreement between an owner and an agent giving the agent the right to collect a commission if the property is sold by anyone during the term of his agreement.

EXECUTE

To complete, to make, to do, to follow out.  To execute a deed is to make a deed, including specially signing, sealing and delivering.  To execute a contract is to perform the contract, to follow out to the end, to complete.

EXECUTOR

A person named in a will to carry out provisions as to the disposition of the estate of a person deceased.

 

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