Glossary

A Word About Title Language

The title industry has its own language. Many of its words and idioms are derived from the language of the law while others are common words given special meaning related to land titles. There are also words and phrases coined over the years by the title industry itself.

H

HABENDUM CLAUSE

That provision in deeds which begins with the words “to have and to hold” and which, in effect, defines the quality of the estate or interest which is being conveyed to the grantee.

HAZARD

A danger, peril or risk. Incident to title insurance, it relates to the risk assumed under a title insurance policy.

HEIR

A person who inherits or who is entitled to inherit real estate by provisions of law or under the provisions of a will.

HEREDITAMENTS

Any and all kinds of estates, interest, and rights in real estate which can be inherited.

HIATUS

In title industry parlance, a separation, gap or unaccounted for area. Usually a strip of land between two tracts where the two tracts do not adjoin because of faulty descriptions. (See “gore”).

HOMESTEAD

(1) Property designated by the head of a family as his home, which is protected by law from forced sale to pay his debts. (2) Land claimed by a settler under the National Homestead Act. (3) Under some state laws, the real estate upon which one’s home is situated.