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Abandonment - -The voluntary and
permanent cessation of use or enjoyment with no
intention to resume or reclaim one's possession
or interest. May pertain to an easement or a Accretion - -An increase or addition to land
property. by the deposit of sand or soil washed up naturally
from a river lake or sea.
Abrogation - -Tenants cannot sign away
their rights in advance of signing the lease. Accrued Depreciation - -The actual
depreciation that has occurred to a property at
any given date; the difference between the cost
of replacement new (as of the date of appraisal)
Abstract of Title - -A condensed version of and the present appraised value.
the history of title to a particular parcel of real
estate as recorded in the county clerk's records;
consists of a summary of the original grant and
all subsequent conveyances and encumbrances Acknowledgment - -A declaration made by
affecting the property. a person to a notary public, or other public official
authorized to take acknowledgments that an
instrument was executed by that person as a free
and voluntary act.
Abutting - -The joining, reaching, or
touching of adjoining land. Abutting parcels of
land have a common boundary.
Actual Eviction - -The result of legal action
originated by a lessor, whereby a defaulted
tenant is physically ousted from the rented
Accelerated Depreciation - -A method of property pursuant to a court order.
calculating for tax purposes the depreciation of
income property at a faster rat than would be
achieved using the straight-line method. Note**
any depreciation taken in excess of that which Actual Notice - -Express information or
would be claimed using the straight-line rate is fact; that which is know; actual knowledge.
subject to recapture as ordinary income to the
extent of gain resulting from the sale.
Adjustable-rate Mortgage - -A mortgage in
which the interest rate changes at predetermined
Acceleration Clause - -A provision in a intervals. The mortgage has caps, or a ceiling,
written mortgage, note, bond, or conditional that limits the amount it can change at the
sales contract that, in the event of a default, the predetermined intervals.
whole amount of principal and interest may be
declared to be due an payable at once.
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Administrator - -The party appointed by the Air Lot - -A designated airspace over a
county court to settle the estate of a deceased piece of land. Air lots, like surgace property, may
person who died without leaving a will. be transferred.
Ad Valorem Tax - -A tax levied according Air Rights - -The right to use the open
to value; generally used to refer to real estate space above a property, generally allowing the
tax. Also called the general tax. surface to be used for another purpose.
Adverse possession - -The right of an Alienation - -The act of transferring
occupant of land to acquire title against the real property to another. Alienation may be voluntary,
owner, where possession has been actual, such as by gift or sale; or involuntary, such as
continuous, hostile, visible, and distinct for the through eminent domain or adverse possession.
statutory period.
Alienation Clause - -The clause in a
Affidavit - -A written statement signed and mortgage or deed of trst that states that the
sworn to before a person authorized to balance of the secured debt becomes
administer an oath. immediately due and payable at the mortgagee's
option if the property is sold by the mortgagor. In
effect, this clause prevents the mortgagor from
assigning the debt without the mortgagee's
Agent - -One who represents or has the approval.
power to act for another person (called the
principal). The authorization may be express or
implied. A fiduciary relationship is created under
the law of agency when a property owner, as the Alluvion - -New deposits of soil as the
principal, executes a listing agreement or result of accretion.
management contract authorizing a licensed real
estate broker to be the owner's agent.
Amenitites - -The tangible and intangible
features that increase the value or desirability of
Agreement of sale - -A written agreement real estate.
whereby the purchaser agrees to buy certain real
estate and the seller agrees to sell, upon terms
and conditions set forth in the agreement.
Americans with Disabilities Act (ADA) - -A
federal law that became effective in 1992. It is
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designed to eliminate the discrimination against
individuals with disabilities by mandating equal
access to jobs, public accommodations, public
transportation, telecommunications and Appreciation - -An increase in the worth or
government services. value of a property due to economic or related
causes that may prove to be either temporary or
permanent; opposite of depreciation.
Amortization - -The liquidation of a
financial burden by installment payments.
Appurenant - -Belonging to; incident to. Ex:
a garage is appurtenant to a house. The common
interest in the common elements of a
Amortized Loan - -A loan in which the condominium is appurtenant to each apartment.
principal, as well as the interest, is payable in
monthly or other periodic installments over the
term of the loan.
Arbitration - -A means of settling a
controversy between two parties through the
medium of an impartial third party whose decision
Antitrust Laws - -The laws designed to on the controversy (it is agreed) will be final and
preserve the free enterprise of the open binding.
marketplace by making illegal certain private
conspiracies and combinations formed to
minimize competition. Violations of antitrust laws
in the real estate business generally involve Assemblage - -The process of merging two
either price fixing (brokers conspiring to set fixed or more parcels of real estate to create one
compensation rates) or allocation of customers parcel.
or markets (brokers agreeing to limit their areas
of trade or dealing to certain areas or properties).
Assessment - -The imposition of a tax,
charge, or levy, usually according to established
Appraisal - -An estimate of the quantity, rates.
quality, or value of something. The process
through which conclusions of property value are
obtained; also refers to the report setting forth
the process of estimation and conclusion of Assignment - -The transfer in writing of
value. rights or interest in a bond, mortgage, lease, or
other instrument.
Appraised Value - -An estimate of a
property's present worth. Assumption of Mortgage - -The transfer of