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.
Glossary
A
ASSESSED VALUATION
The estimated value of property for tax purposes, usually fixed by the tax assessor.
ASSESSMENT
(1) The act of fixing the amount of taxes or special improvement charges.
(2) The amount of taxes or special improvement charges. Special improvement charges are usually for the costs of streets, sidewalks, sewers, etc.
ASSIGNEE
For example, the person who receives ownership of a contract or a mortgage by transfer from another.
ASSIGNMENT
(1) The act of transferring ownership of something from one person to another. (2) The instrument or paper by which one person transfers ownership of a right or an object to another.
ASSIGNOR
For example, the person who transfers ownership of a contract or mortgage to another.
ATTACH
The act of a sheriff or other court officer in taking possession of a person or property under the authority and direction of a writ or order issued by a court.
ATTACHMENT
A legal remedy to aid collection of a debt, usually incidental to a lawsuit against the debtor wherein the court issues a writ of attachment under the authority and direction of which the sheriff seizes property of the debtor and holds same pending the outcome of the lawsuit, keeping the property available for sale to pay any money judgment entered in such lawsuit.
ATTORNEY’S OPINION
The written statement of an attorney setting forth what he believes to be the condition of a real estate title.
AVIGATION EASEMENT
An easement over private property which abuts and extends out from the end of airport runways with said easement restricting the graduated height of agricultural crops, bushes, trees and other objects in the take off and landing path of aircraft.
AVULSION
A change or shift in a water boundary resulting in loss of land by an owner and the acquiring of such land by another.
B
BACK TITLE LETTER
Also called “Back Title Certificate” in some areas, and “Starter” in others. Where titles have been previously examined up to a certain date by reliable examiners, title companies sometimes give subsequent examiners of such titles a letter which sets forth the condition of the title at the time of the previous examination and authorizes them to begin their subsequent examination with the terminal date of the previous examination (See Tacking on).
BANKRUPTCY
A proceeding in U.S. District court wherein assets of a debtor unable or unwilling to pay his debts are applied by an officer of the court in satisfaction of creditor claims.
BAR
(1) The attorneys at law, taken collectively in a municipality, county, state, or the nation. (2) To defeat; to prevent.
BARGAIN AND SALE DEED
Sometimes called “fee simple deed.” A deed of conveyance which presumes that the grantor holds title, but which makes no warranty with respect to the title.
