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
D
DEVISE
A gift of real estate made by a will.
DEVISEE
One who is given real estate under a will.
DISPOSSESS
To deprive one of the possession and use of real estate.
DOMINANT ESTATE
The property for the benefit of which a right of way easement exists across another’s adjoining piece of land is said to be the dominant estate. The land across which the easement runs is said to be the servient estate.
DOWER
A right which a wife has in her husband’s property effective at the time of his death. DRAW A partial advance of the proceeds of a construction loan mortgage, to which the borrower is entitled when construction reaches a certain specified stage.
DRESSER DRAWER TITLE
When an owner neglects to record his deeds and other real estate papers and places them instead in dresser drawers, or in a show box in a closet, or under the mattress, and there is nothing of record which shows any title in the supposed owner, his title is often referred to as a Dresser Drawer Title.
E
EARNEST MONEY
The advance, by a purchaser, or a small part of the purchase price as evidence of good faith.
EASEMENT
A right held by a person to enjoy or make limited use of another’s real property.
EGRESS
The right to a path or right of way over which a person may leave or go away from his own real estate.
EJECTMENT
(1) Eviction or dispossession. (2) A law suit to regain possession of real estate held by another.
EMINENT DOMAIN
The right of a government to take privately owned property for public purposes under condemnation proceedings upon payment of its reasonable value.
ENCROACHMENT
The extension of a structure from the real estate to which it belongs across a boundary line and onto adjoining property.
ENCUMBRANCE
A claim, right, or lien upon the title to real estate, held by someone other than the real estate owner.
EQUITABLE RIGHTS
Rights established primarily by court decisions based upon principles of fairness, honesty, justness and morality and not upon enacted law or common law.
