Here are a number of terms that
appear in deeds and legal proceedings. The laws relating to land records are
often dealt with by common law (law based on custom and judicial precedent
rather than laws passed by the government), and understanding some of the
"legalese" can be frustrating at best. Hope this is a help to you!
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Accession - Adding on. In
civil law, the right to all that one's property produces, not just the
property itself.
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Adminstrator(m)/administratrix(f)
- A person appointed by the court to settle the estate of someone who died
intestate.
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Admit - see Copyhold.
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Ad quod damnum - A writ
causing an evaluation of damages that might result from someone's actions.
Example: you wish to dam a creek on your land to power a mill. The pond may
damage another's land.
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Adverse Possession - Gaining
title to another's land by exercising the rights of ownership of that land
unchallenged for a period of time, typically on the order of five to ten
years, and meeting other requirements (as set by each state). See seizin.
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Alien - To transfer (lands,
title) to another.
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Alienation - A transfer of
title or property to another.
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Allodial - see alodium
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Alodium - Land owned
independently, without rent or other obligation to another. See Freehold
Estate. The alodial (also 'allodial') system is opposed to the feudal
system.
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Appurtenances - Easements,
rights of way, or agreements attached to land.
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Assignee - See assigns.
Often seen in conjunction with land warrants which were assigned (sold) to
speculators.
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Assigns - Anyone acting on
behalf of or in place of the nominal owner. The owner may have transferred or
sold his rights to someone else or appointed an attorney to act on his behalf.
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At will - Terminable by the
lord of the manor at any time.
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Bargain - Mutual agreement
among two or more people to exchange or purchase goods.
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Bargain and Sale Deed - A
type of deed in which title is transfered but in which there is usually no
guarantee as to the validity of title.
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Bequest - A gift of personal
property made in a will. See also devise.
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Bond for Deed/Title - A
promise to convey land when paid at some point in the future.
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Burgage - A tenure in which
burgesses or townsfolk held lands or tenements of the lord, usually for a
fixed rent. In Scotland the term related to tenure in property in the royal
burghs.
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Cadastral Map - Land
ownership map. Generally used for tax purposes.
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Chattel - A tangible,
movable article of personal property, as opposed to real property.
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Claim - see Entry.
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Collateral - Property put up
by someone getting a loan. If they fail to repay the loan, the collateral goes
to the person granting the loan.
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Color of Title - A deed
appearing to convey title but in fact not conveying title, either because the
grantor did not have title to convey or because the conveyance was flawed in
some way.
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Condemn - The taking of
privately owned land for public use by eminent domain. In the U.S. just
compensation must be provided for any lands thus taken.
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Consideration - The money
(or other property) used to purchase land.
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Convey - To transfer
property or the title to property from one person to another.
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Copyhold - A tenancy at
will that was recorded in a manorial court ownership roll. The lord of the
manor maintained the list. Copyholds were not, strictly speaking, inheritable,
but were customarily so. The land reverted to the landowner who would then
"admit" the heir to the lands of the decedent.
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Covenant - A stipulation. A
promise to do or not do something.
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Customary Estate - see
copyhold
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Decedent - one who has died.
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Deed - A document giving the
holder the title to property. More generally, any document sealing an
agreement, contract, etc. The most common types of deeds Bargain and Sale,
Quitclaim, and Warranty.
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Deed of trust - A transfer
of property to someone to be held in trust for another. See trust. More
specifically, however, deeds of trust are used in a number of states instead
of a mortgage to secure a loan. The deed of trust names the trustees in
whom title is placed as security against failure to meet the terms of the
loan.
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Deed poll - A deed not
indented, that is, a deed made by one party only. See indenture.
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Deforce - To forcibly
withhold property from its rightful owner.
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Demesne - 1) Possession of
land as one's own. 2) The part of an estate worked for the owner. 3) Land
adjoining the manor house.
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Demise - Generally a synonym
for 'lease', both noun and verb.
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Devise - A gift of real
property made in a will. See also bequest.
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Dower - A wife's interest in
her husband's property, inheritable at his death. English probate law set this
at 1/3. "Her thirds" was a phrase used for this. In the U.S. it was common for
a woman to formally relinquish her dower claim on land sold by the husband.
This further guaranteed that the property was clear of all obligations. In
some areas the lack of a dower relinquishment at the time of sale was proof
that the man was single or widowed. See also jointure.
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Easement - Use of a portion
of property for some stated purpose without remuneration. Easements are not
estates in that they do not convey ownership, but rather the use of the
property in so far as needed for the stated purpose. An example is the
easement a city may have to dig up part of your land to repair the water main.
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Ejectment - A suit by an
owner to reclaim ownership from a tenant who has overstayed the terms of a
lease. Originally it was a suit brought by a fictitious tenant to try the
title of the landlord in order to acquire the land under lease.
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Emolument - Profit derived
from employment or labor, including wages and other compensation.
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Encroachment - To gain
unlawfully or infringe on the property of another.
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Encumbrance - A burden on a
property, generally one that affects the ability to transfer title, or one
which affects the condition of the property. Examples are liens, mortgages,
taxes, easements, water rights, etc.
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Enfeoff - To invest with an
estate held in fee.
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Enfeoffment - Giving
ownership in fee. A deed or legal document giving ownership in fee.
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Entail - To create a fee
tail, or to create one from fee simple.
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Entry - Filing of the
intention to get a land grant or patent. This was the first step of a
multi-step process of getting land, the other steps generally being Survey,
and Grant.
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Escheat - Land ownership
reverting to the Crown, government, or estate owner because of a lack of
heirs.
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Esse - In esse (Latin). In
existence. See also posse.
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Estate - A property right
held by someone. There can be many estates held on a single piece of property,
for example, relating to specific uses of the property. Mineral rights, water
rights, and so on are examples. Estates can be subordinate (lower in rank) to
other estates.
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Et al - Latin et alia,
for "and others".
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Et ux - Latin et uxor,
for "and wife".
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Executor/executrix - The
person named in a will to carry out the terms of the will. See
administrator.
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Fee - Heritable land held in
return for service to a lord.
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Fee simple - Ownership of
land that can be inherited by any heirs. To hold in fee means to
possess.
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Fee tail - Ownership of land
restricted to a specified class of heirs, generally direct descendants.
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Fem Covert - A married
woman.
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Feoff - See fee
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Feoffment - Transfer of
inheritable real property.
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Feoffee - One who benefits
from a fief.
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Feud - See fee.
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Feudal system - The system
of land holding in exchange for service, ultimately to the king. This is
opposed to the alodial system.
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Fief - See fee.
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Fieri Facias - A common law
writ to enforce collection of a debt. Typically executed by the sheriff, the
property of the debtor is sold to satisfy the claim.
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Freehold - see fee simple
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Grant - Transfer of title
from the government to the first titleholder of a piece of property. This term
is generally used by states and the federal government. See also patent.
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Grantee - The person
receiving a grant, or buying property.
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Grantor - The person issuing
the grant, or selling property.
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Headright - A Virginia sytem
of land patents, prevalent in the 1600's in which immigrants, including minor
children, were entitled to 50 acres of land apiece. It was customary for the
person paying passage to claim the headright, though the right appears to
belong to the immigrant. Headrights could be sold or assigned to others. A
headright system was also used in other states including South Carolina and
Georgia.
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Hereditament - Anything that
can be inherited. A corporeal hereditament is tangible real or personal
property that can be inherited. An incorporeal hereditament includes
intagible appurtenances, rents, and the like.
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Importation right - See
headright.
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Improve - To make land more
valuable by clearing and planting. Land that was not improved by the owner
might revert to the government.
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Incumbrance - See
encumbrance.
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Indefeasible Estate - An
estate that cannot be changed under any circumstances.
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Indenture - A written
agreement. (Originally, the document was written in duplicate, and the two
copies placed side by side and 'indented', or cut, with a wavy line so they
fit together perfectly.) See also deed poll.
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In personam - Latin - A
legal action against a person.
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In rem - Latin - A legal
action to affect the interests of people in a thing such as a parcel of land.
Examples would be partitioning an estate or foreclosing. See also in
personam.
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Intangible property - The
opposite of tangible property. Examples are property rights, easements,
copyrights and other things of value that have no physical presence. Also,
certificates or other items that have no inherent value but which represent
something physical.
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Intestate - Having no will.
If someone dies intestate, the court appoints an administrator to
settle the estate.
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Instrument - Legal document.
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Investiture - See livery
of seizin.
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Joint tenancy - Ownership by
two or more people, with rights of survivorship. Tenants can act individually
to partition or sell their interest in the property, but such actions create a
tenancy in common. See also tenancy by the entirety.
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Jointure - Property given to
a prospective wife, to be enjoyed by her at her husband's death. Differs from
dower in the way in which her future is protected.
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Lease and Release - A
practice in early Virginia that is equivalent to a sale. It was accomplished
by a two step process of leasing the property in question to the buyer, then
releasing the buyer of the lease obligation.
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Lien - A charge or claim
upon someone's property as security for a debt. A lien does not confer title.
The law recognizes the right to have a debt satisfied out of someone's
property.
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Life(time) Estate - An
estate with duration limited to the lifetime of the holder or some other
person. See remainder.
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Livery - Delivery of
ownership.
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Livery of Seizin - An open
and 'notorious' public ceremony conferring ownership of a freehold estate.
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Locator - A person who
determines or establishes the boundaries of land or a mining claim.
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Messuage - A dwelling house
with its adjacent buildings and lands appropriated to the use of the
household.
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Moiety - One half. One of
two equal parts. A share or portion.
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More or less - This term is
frequently used in deeds to qualify acreage, e.g. "50 acres, being the same
more or less". Even accurate surveys have some error in the calculation of
area and this phrase recognizes that fact.
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Mortgage - Today we think of
this as a secured loan (for example, a loan with a house as collateral).
In older times it was often written as a regular deed of sale with a condition
attached such that the sale was void if certain payments are made by a certain
date. With a mortgage, if the borrower fails to pay the mortgage note off, the
mortgagor must successfully sue in order to sell the property and recover the
loan. See deed of trust for a different way of establishing security
for a loan.
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Mutation - In India, the
process of legally changing a parcel's owner. It results in an updated RTC
(Record of Right Tenancy and Cultivation), the backbone of the Indian land
record system.
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Parcel - A piece of land. A
tract.
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Patent - Transfer of title
from the government to the first titleholder of a piece of property. This term
was generally used by the Crown or its representative. See also grant.
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Planting and Seating - See
improve. In Virginia colonial law a patentee was required to cultivate
an acre of land and build a small house on the property, otherwise the patent
would revert to the government.
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Posse - In posse (Latin). In
the future or which might exist in the future. See also esse.
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Possessory - Relating to
ownership.
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Premises - A somewhat fluid
term meaning land and its appurtenances, or land and its buildings and
structures.
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Prove Up - See Improve.
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Probate - The process of
proving a decedent's will and settling the estate. The signing of a will was
typically witnessed by neighbors, who would later swear in court that they saw
the decedent sign the will prior to death. This "proved" that the will was
actually that of the decedent.
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Property - Any kind of thing
which has a value and which one can exercise the rights of ownership upon,
including possession, use, and disposal.
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Quitclaim Deed - A common
type of deed in which the seller relinquishes claim to whatever rights were
held on the property, but does not guarantee that that the property is
actually free of claims by others.
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Quitrent - A rent paid in
lieu of required feudal services. See fee and socage. The
quitrent can be considered a real estate tax.
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Real property - Land. See
also chattel.
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Remainder - Transfer of
ownership to someone on the death of another. For example, land may be sold to
person A for use during their lifetime, but then remaindered to person B at
the death of A.
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Replevin An action for
recovery of property that has been illegally withheld from the rightful owner,
plus damages for its detention. This is generally not an action to recover the
value of the withheld property, but the actual property itself.
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Revert - Return of ownership
to a former owner (or heirs).
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Right of Way - An
easement for passage across someone's land.
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Room - "in the room of"
means in the place of, instead of.
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Scire Facias - A writ
requiring a party to show why a judgment should not be vacated, executed, or
annulled.
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Seised/Seized - Legally
owning and possessing real property.
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Seisin/Seizin - Ownership or
'in fact' possession of a freehold estate. Inferred here is an increasing
degree of ownership with the passage of time, as the possessor makes
productive use of the land. Seizin was originally not an estate, but a way to
gain one, as by adverse possession. This is rooted in the Roman concept that
whoever worked the land should be its owner.
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Sergeantry - Non-military
service to a lord in exchange for land.
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Socage - Holding of land by
a tenant in return for fixed payment or for non-military service to the lord.
This system was eventually replaced by our system of taxation. See quitrent.
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Soke - The jurisdiction of a
court.
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Straw Deed, Strawman Deed -
Two deeds filed in succession, the first from party A to party B, second from
B back to A. This was used to sidestep legal restrictions of sales between
spouses or joint owners, or to incorporate a new survey description. Party B
is a trusted intermediary, either a close friend or attorney.
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Tangible property - The
opposite of intangible property. Examples are land or other movable
personal property that has a physical reality.
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Tenancy by the entirety - A
form of joint tenancy held by husband and wife. Title automatically
transfers to the survivor upon the death of one party. Neither party can sell
or divide the property without the consent of the other.
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Tenancy in common - Title
held by two or more people where each person can sell their interest without
the consent of the other owners. There are no rights of survivorship.
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Tenement - Permanent
property, whether concrete or not, such as land, buildings, cars, or the stock
represented by a stock certificate. In most common usage it means a house or
building.
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Teste - (Latin). Witness.
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Testate - Having a will.
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Thirds - see dower
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Title - Legal ownership as
evidenced by a deed or other instrument.
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To wit - That is to say.
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Tract - A piece of land. A
parcel.
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Trespass - In common law, a
suit to recover damages to one's person, property, or rights.
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Trust - Confidence placed in
someone by giving them property to be held or used for another's benefit. The
property held in trust.
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Trustee - An individual to
whom another's property is entrusted.
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Try Title - To test the
validity of someone's title to property.
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Vacate - 1) To set aside or
render void, 2) to move out.
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Viz., Vizt. - Videlicet
(Latin). That is to say.
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Warrant - A governmental
order authorizing some action. An arrest warrant instructs a sheriff to arrest
someone. A land warrant instructs a state to issue land to someone.
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Warranty Deed - A deed in
which the seller warrants having a valid title and that the property is clear
of any liens.
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Waste Land - Land that has
not been claimed, or which has escheated.
