Title & Escrow Terms

Affidavit: A written statement or declaration, sworn to before an officer who has authority to administer an oath.

CC&R’s (Covenants, Conditions, and Restrictions): A term used in some areas to describe the restrictive limitations which may be placed on the property. In other areas, only called restrictions.

Conveyance: Transfer of title to land. Includes most instruments by which an interest in real estate is created, assigned, or mortgaged.

Easement: A right created by grant, reservation, agreement, prescription, or necessary implication, which one has in the land of another.

Encroachment: Generally, construction onto the property of another, as of a wall, fence, building, etc.

Encumbrance: A claim, lien, charge or liability attached to and binding real property. Any right to, or interest in, land which may exist in one other than the owner, but which will not prevent the transfer of fee title.

Hypothecate: To pledge or mortgage without delivery of the security to the lender.

Ingress and Egress: A right to enter upon and pass through land.

Intestate: Without leaving a will, or leaving an invalid will, so that the property of the estate passes by the laws of succession rather than the direction of the deceased.

Probate: The court process by which a will is proved valid or invalid. The legal process wherein the estate of a decedent is administered.

Testate: Having written a last will and testament.

Trustee: An individual given control or powers of administration of property in trust with a legal obligation to administer it solely for the purposes specified.

Disclaimer: The above is for informational purposes only. The Company assumes no legal liability or responsibility for the accuracy.