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Education Center/Reference

Reference

Legal Terminology Glossary

ReferenceTitleQuiet Editorial

This glossary defines terms commonly encountered in quiet title actions, real property title work, and title insurance practice. Terms are listed alphabetically.

  • Abstract of Title — A condensed history of the title to a parcel of real property, compiled from the public records, setting out all grants, conveyances, wills, records, liens, encumbrances, and other facts affecting the title.
  • Acknowledgment — A formal declaration made before a notary public or other authorized official by a person who has signed a document, confirming that the signature is genuine and voluntary.
  • Adverse Possession — A method of acquiring title to real property by open, notorious, exclusive, hostile, and continuous possession for the period prescribed by the applicable statute of limitations.
  • ALTA Policy — A title insurance policy conforming to the standard forms promulgated by the American Land Title Association, providing broader coverage than a basic owner's policy.
  • Chain of Title — The succession of recorded instruments — deeds, mortgages, liens, and releases — that documents the history of ownership and encumbrances for a particular parcel of real property.
  • Chancery Division — The division of Superior Court exercising general equity jurisdiction in New Jersey; the court in which quiet title actions are filed in NJ.
  • Cloud on Title — Any instrument, claim, lien, or encumbrance in the public record that creates doubt as to the validity or completeness of an owner's title.
  • Color of Title — The appearance of title arising from a written instrument that purports to convey ownership but is defective in some respect — for example, a deed executed by someone who did not actually own the property.
  • Constructive Notice — Notice imputed by law to a person as a result of the recording of an instrument in the public records, regardless of whether that person actually read the recorded instrument.
  • Covenant of Warranty — A grantor's contractual promise in a deed to defend the grantee's title against all claims (general warranty) or against claims arising during the grantor's ownership (special warranty).
  • Default Judgment — A judgment entered by the court against a party who has failed to respond to a pleading or appear in the action within the time prescribed by the applicable court rules.
  • Deed — A written legal instrument by which title to real property is conveyed from a grantor to a grantee.
  • Deed in Lieu of Foreclosure — A conveyance of real property by a mortgagor to the mortgagee in satisfaction of the mortgage debt, as an alternative to foreclosure.
  • Encumbrance — Any claim, lien, charge, or liability attached to real property that may lessen its value or burden the owner's use and enjoyment, such as a mortgage, easement, or judgment lien.
  • Easement — A non-possessory right to use another's land for a specific, limited purpose — for example, a right-of-way for access, or a utility easement for power lines.
  • Equity of Redemption — The right of a mortgagor (or tax sale property owner) to redeem the property by paying the full amount owed before final judgment of foreclosure is entered.
  • Fee Simple Absolute — The most complete form of ownership of real property, conveying the full bundle of property rights to the owner with no conditions, limitations, or future interests.
  • Foreclosure — The legal process by which a lienholder (typically a mortgagee) terminates the mortgagor's interest in the property upon default and forces a sale to satisfy the debt.
  • General Warranty Deed — A deed in which the grantor warrants the title against all claims and encumbrances, whether arising before or during the grantor's period of ownership.
  • Grantee — The person to whom real property is conveyed by deed.
  • Grantor — The person conveying real property by deed.
  • Grantor-Grantee Index — The index of recorded real property instruments maintained by the county recording officer, organized by the names of grantors and grantees, used to search the chain of title.
  • Habendum Clause — The clause in a deed beginning "to have and to hold" that defines the extent and nature of the estate being conveyed.
  • Heir — A person who inherits, or is entitled to inherit, real or personal property from a decedent under the laws of intestate succession.
  • In Rem — Latin for "against the thing." An in rem proceeding (such as a quiet title action) determines rights in a specific property and binds all persons having an interest in that property.
  • Intestate — Dying without a valid will. Property of an intestate decedent passes to heirs according to the state's laws of intestate succession.
  • Judgment Lien — A lien on all real property owned by a judgment debtor in the county where the judgment is docketed, arising from a civil court judgment.
  • Legal Description — The precise description of real property sufficient to identify its location and boundaries, using metes and bounds, PLSS rectangular survey references, or recorded subdivision lot and block references.
  • Lis Pendens — Latin for "pending suit." A recorded notice of a pending lawsuit affecting real property that gives constructive notice to subsequent purchasers and lienholders.
  • Marketable Title — Title to real property that is free from reasonable doubt as to its validity, that a reasonable purchaser would accept, and that a title insurer will insure without special exception.
  • Mechanic's Lien — A lien against real property in favor of a contractor, subcontractor, or materialman who performed labor or supplied materials for improvements to the property.
  • Metes and Bounds — A method of describing real property boundaries using courses (direction and distance) and monuments, beginning and ending at a defined point of beginning.
  • Mortgagee — The lender who holds a mortgage lien on real property as security for a loan.
  • Mortgagor — The property owner who grants a mortgage on real property as security for a debt.
  • Plat — A map of a subdivision or tract of land, showing lot lines, streets, easements, and other features, recorded in the public land records.
  • Prescriptive Easement — An easement acquired by open, notorious, adverse, and continuous use of another's property for the statutory period, analogous to adverse possession of the land itself.
  • Principal Meridian — One of 37 reference lines established for the Public Land Survey System, from which townships and ranges are measured.
  • Probate — The legal process of administering a decedent's estate under court supervision, including the transfer of title to real property from the decedent to heirs or devisees.
  • Quitclaim Deed — A deed that conveys only whatever interest the grantor may hold in the property, with no warranty of title. If the grantor has no interest, nothing passes.
  • Recording — The act of filing a written instrument with the county recording officer, which gives constructive notice of its contents to all subsequent purchasers, lenders, and lienholders.
  • Redemption Period — The period during which a property owner or lienholder may redeem a tax sale certificate or redeem property after foreclosure by paying the amount owed.
  • REO (Real Estate Owned) — Real property acquired by a lender through foreclosure or deed-in-lieu of foreclosure and held on the lender's balance sheet.
  • Sheriff's Deed — A deed executed by a sheriff or other court officer conveying title to real property sold at a judicial sale, such as a mortgage foreclosure or judgment execution sale.
  • Special Warranty Deed — A deed in which the grantor warrants title only against claims arising during the grantor's period of ownership, not against prior claims.
  • Tax Sale Certificate — A certificate issued to a purchaser at a government tax sale who pays delinquent property taxes on behalf of the owner, entitling the holder to interest and ultimately to foreclose the right of redemption.
  • Title — The legal ownership of real property; the aggregate of all the rights, powers, and privileges constituting the ownership interest in a parcel of real estate.
  • Title Commitment — A title insurer's conditional commitment to issue a title insurance policy, subject to requirements set forth in Schedule B-I and noting exceptions in Schedule B-II.
  • Title Insurance — An insurance policy that indemnifies the insured against loss arising from defects in title to real property existing as of the policy date.
  • Title Search — The examination of public records to determine the history of ownership and encumbrances for a parcel of real property and to identify clouds on title.
  • Torrens Title System — A land registration system, used in some U.S. counties and many countries, in which title is registered with a government authority and evidenced by a certificate of title rather than a chain of recorded deeds.
  • Trespass to Try Title — Texas's legal action to determine superior title to real property, requiring the plaintiff to prove their own affirmative chain of title.
  • Trustee's Deed — A deed executed by a trustee conveying trust property, or by a deed-of-trust trustee following a non-judicial foreclosure sale.
  • Undivided Interest — An ownership interest in real property held by two or more co-owners (tenants in common or joint tenants), where each owner has a right to possess the whole property proportionate to their share.

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