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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