Real
Estate Glossary
|
|
| A | C | D | E | F | G | H | I | J | K | L | M | | N | O | P | Q | R | S | T | U
| V | W | Z |
|
TACKING:
Adding an extra period of time to the
term of a contract.
TAKING:
1. Government acquisition of land through
condemnation.
2. Restrictions on the use of land that are
so harsh as to block any reasonable use of the property.
TANDEM PLAN:
A joint program of the Government
National Mortgage Association (GNMA) and the Federal National
Mortgage Association (FNMA) to provide low-interest home
loans.
TANGIBLE PROPERTY:
Assets that can be touched,
that have a physical existence.
TAX:
1. To strain or push to the point of
exhaustion.
2. To levy an assessment against, usually by
government powers. Unpaid taxes usually form a special lien on
property owned by the taxpayer, ahead of registered mortgages.
3. The money charged as an assessment.
TAX AND INSURANCE ESCROW:
See
" escrow
account".
TAX BASE:
The pool of property,
value or income
from which a government
may draw assessments.
TAX DEED:
The instrument of
conveyance when
a property is sold
by a government
body to pay for
arrears of taxes.
TAX FORECLOSURE:
The process leading
up to the sale of
a property to pay
for arrears in taxes.
TAX LIEN:
A claim registered
against a property
by a government
authority for non-payment
of assessed taxes.
TAX MAP:
A pictorial representation
of the properties
in a municipality,
showing dimensions
and other information
about each property
for tax purposes.
TAX ROLL:
Also known as "assessment
roll", the listing
of all properties
in a jurisdiction
that are subject
to taxation, including
owners' names, assessed
value of each property,
municipal addresses,
legal descriptions
and assessment roll
number.
TAX SALE:
Sale of property
by a governmental
body for non-payment
of taxes, ether
by tender or auction.
TAX-EXEMPT
PROPERTY:
A property that
is not subject to
realty taxes.
TEASER RATE:
A lower interest
rate charged on
an adjustable or
variable
rate mortgage
for a brief, introductory
period as an inducement
to the borrower
to accept the loan
from the lender.
TENANCY:
The right to use
and occupy all or
part of a property
under a rental agreement.
TENANCY AT
SUFFERANCE:
Form of tenancy
created when a tenant
remains in occupation
of the premises
after the end of
the lease. The landlord
is at liberty to
evict the tenant
at any time, subject
only to the local
tenancy laws.
TENANCY AT
WILL:
Form of tenancy
created by written
agreement in which
the landlord may
evict the tenant
at any time.
TENANCY BY
ENTIRETY:
See "joint
tenants".
TENANCY FOR
LIFE:
See "life
estate".
TENANCY FOR
YEARS:
Form of tenancy
created by a written
agreement in which
the tenant has the
right to occupy
the premises for
a stated period
of time.
TENANCY FROM
YEAR TO YEAR (MONTH
TO MONTH):
A form of tenancy
in which the tenant's
right to occupy
the premises lasts
for a stated period
of time but may
be extended by mutual
consent for another
period.
TENANCY IN
COMMON:
Ownership of property
in which several
owners each own
a stated portion
of the property
(a percentage).
Each owner may deal
with her portion
of the property
as she wishes (giving
it away, mortgaging
it, selling it,
bequeathing it,
etc.) and, upon
her death, her share
becomes part of
her estate.
TENANCY IN
SEVERALTY:
Ownership of property
by a single person.
TENANT FIXTURES:
Items added to a
leased premises
by a tenant that
might normally be
considered fixtures
(and, therefore,
part of the premises)
but that, by contract
or law, the tenant
is entitled to remove
at the end of the
lease period.
TENANT IN COMMON:
A person who owns
property with one
or more others,
where each owns
a stated portion
of the property
and is free to deal
with his portion
as he wishes.
TENDER:
1. To deliver payment
or an item one is
obliged to deliver.
2. To produce evidence
of one's ability
to meet one's obligations
under a contract
for the purposes
of preserving one's
right to sue another
party to the contract
who is not able
to carry out the
contract.
TENEMENTS:
1. A legal word
for a property or
fixed asset (see
dominant or servient
tenement regarding
easements).
2. Term for units
in an aging apartment
complex or building.
TENURE IN LAND:
The fashion in which
an owner holds title
to land.
TERM LOAN:
A loan that comes
due on a given date,
often before the
periodic payments
would pay the loan
out.
TERM, AMORTIZATION:
Term: The period
of time during which
the loan contract
is active, during
which the borrower
makes periodic payments
to the lender and
at the end of which
the balance of the
loan becomes due
and payable.
Amortization:
The period of time
after which, if
all periodic payments
are made on time
and in full, the
loan will be paid
out. Term may not
be the same as amortization:
a normal mortgage
may be amortized
over 25 years with
just a five year
term at which time
the borrower has
to re-finance.
TERMITE CLAUSE:
A term in an Agreement
for sale which allows
the Purchaser to
inspect for termites.
If any are found,
the Vendor may be
required to treat
the problem or the
Purchaser may rescind.
Many clauses now
refer more generally
to "wood-damaging
or destroying insects".
TERMITE INSPECTION:
The examination
of a building for
wood destroying
insects.
TERMS:
The various clauses
that make up a contract.
Sometimes used to
described the financial
portions of the
contract only.
TESTAMENT:
Another word for
a will.
TESTAMENTARY
DISPOSITION:
The transfer of
ownership of an
asset by way of
a will.
TESTATE:
To die leaving a
valid Will. Opposite
of "intestate".
TESTATOR (TESTATRIX):
The person who makes
a will.
TESTIMONIUM:
The clause in a
legal instrument
that sets out the
date and other information
regarding the signing
of the instrument.
THIRD PARTY:
A person who is
not a party to a
contract but may
become involved
in an indirect way
or be affected by
it.
TIME IS OF
THE ESSENCE:
A standard statement
in a contract which
ensures that all
dates and times
of day noted in
the contract are
important and cannot
be ignored by any
of the parties without
the consent of the
others except in
breach of the contract.
TIME-SHARING:
A form of joint
ownership of property
where numerous owners
share title and
enjoy use or occupation
of the property
according to a specific
schedule.
TITLE:
The legal term for
one's ownership
interest in land.
TITLE COMPANY:
Also known as "title
insurance company"
or "title insurer".
A corporation which
is in the business
of selling policies
of insurance guaranteeing
the ownership and
quality of title
to land.
TITLE COVENANTS:
Clauses and promises
inserted into instruments
of conveyance which
are designed to
give the Purchaser
assurances that
she is receiving
good title.
TITLE DEFECT:
A claim against
or competing interest
in a property which
affects the title
of the registered
owner.
TITLE INSURANCE
POLICY:
A form of insurance
contract which guarantees
to indemnify an
owner or mortgagee
of property for
damages suffered
as a result of undiscovered
title defects which
arise later.
TITLE
PLANT:
Also known
as "abstract
plant". An assemblage,
available to the
public, of information
and documents relating
to title to a particular
property.
TITLE REPORT:
A document which
sets out the current
state of title to
a property.
TITLE SEARCH
OR EXAMINATION:
The act of examining
in detail the public
records relating
to ownership of
a parcel of land
to ensure that the
current owner has
clear title, free
of any liens, claims,
mortgages or competing
and adverse interests.
Usually performed
by a lawyer, qualified
title searcher,
or title insurance
company on behalf
of a proposed purchaser
or mortgagee.
TITLE THEORY
STATES:
Jurisdictions in
which ownership
of land is divided
into two interests:
legal title and
equitable title.
When an owner registers
a mortgage in favor
of a lender, legal
title is transferred
to the lender while
the owner retains
equitable (or beneficial)
title. Once the
mortgage is paid
out, legal title
is transferred back
to the owner.
TOPOGRAPHY:
The form and structure
of the surface of
land (i.e. hilly,
flat, etc.)
TORRENS SYSTEM:
Developed in Australia,
a system of the
registration of
interests in land
in which documents
are closely regulated,
monitored and examined
by the recording
authority to ensure
that they are correct
and that title is
transferred without
flaw. Property may
not be transferred
if uncorrected title
defects exist.
TOTAL DEBT
RATIO:
Comparison of the
total costs of living
for a person (including
debt, food, utilities)
over a given period
with the gross income
of that person.
TOTAL INTEREST
PAYMENTS:
A calculation of
all interest paid
on a loan over its
life.
TOWN HOUSE:
A type of dwelling
which shares at
least one common
wall with neighboring
dwellings.
TRANSACTION
FEE:
A charge for making
a withdrawal on
a line of credit
or other bank account.
TRANSFER TAX:
See "land
transfer tax".
TRESPASS:
Entry onto or possession
of the property
owned by another
without the owner's
consent.
TRIPLE-NET
LEASE:
A rental agreement
which requires the
tenant to pay all
operating costs
of the building.
TRUST ACCOUNT:
A bank account held
by a professional
for the purposes
of keeping money
held on behalf of
clients separate
from the funds of
the professional
or her business.
TRUST DEED:
An instrument of
conveyance of title
to property wherein
the transferee will
be holding the title
to the property
on behalf of another
person.
TRUSTEE:
A person who holds
title to property
on behalf of another
(a "beneficiary
of the trust").
TRUSTEE'S SALE:
Sale conducted by
a trustee (often
the lender) under
the terms of the
deed of trust.
TRUTH-IN-LENDING
ACT:
A federal law which
requires lenders
to disclose all
terms of a loan
arrangement to the
borrower in a specified
form.
TUDOR:
A heavy looking,
fortress like style
of home in the English
style. Stone and
brick construction,
may also feature
stucco and exposed
timbers. Windows
feature stone trim.
TWO-STEP MORTGAGE:
A mortgage contract
in which the interest
rate changes after
a given period of
time, such that
the rate charged
is lower for the
first part of the
term of the mortgage
and then market
rate or higher later
in the term.