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.

E

ESTATE

(1) A sizable piece of rural land usually with a large house and other pretentious improvements. (2) The whole of one’s possessions, especially all of the property, assets, debts, and liabilities left by a deceased or bankrupt person. (3) The nature and extent of an owner’s rights in real estate.

ESTATE BY ENTIRETIES

An estate or interest in real estate predicated upon the legal fiction that a husband and wife are one person. A conveyance or devise to them (unless contrary intent is expressed) vests title in them as one person. Upon the death of either husband or wife, full title passes to the survivor.

ESTOPPEL

A legal restraint which stops or prevents a person from contradicting or reneging on his previous position or previous assertions or commitments.

ET UX

Abbreviations of Latin “et uxor” meaning “and wife”. Joe Doaks et ux means Joe Doaks and wife.

ET VIR

A Latin term meaning “and husband.” Jane Allen et vir means Jane Allen and husband.

EVICTION

To expel or oust a person, by legal process, from possession of real estate.

EXAMINATION

In title industry parlance, to peruse and study the instruments and muniments incident to a chain of title and to determine their effect and condition in order to reach a conclusion as to the status of the title.

EXAMINER

Usually referred to, in title industry parlance, as title examiner. One who examines and determines the condition and status of real estate titles.

EXCEPTION

In title industry parlance, a provision in a title insurance binder or policy which excludes liability regarding a specified title defect or an outstanding lien or encumbrance.

EXECUTE

(1) To create and make valid a real estate instrument. A deed is said to be executed when it is signed, sealed, witnessed and delivered. (2) To perform or do whatever is required.

EXECUTION

The act of executing. (See Execute.)

EXECUTOR

A person named in a will to carry out its provisions.