Real Estate Legal & Title Terms

Deeds, title, easements, liens, ownership types and property-law terms in plain English.

All 27 terms

  • Adverse possession is a legal doctrine letting someone gain ownership of land they don't hold title to, if they openly occupy it without the true owner's permission for a state-specified number of continuous years.

  • Chain of title is the complete, chronological history of every owner a property has had, traced through recorded deeds — a title search reviews this chain to confirm current ownership is legitimate and unencumbered.

  • DeedBasic

    A deed is the legal document that transfers ownership of real property from a seller to a buyer, recorded with the local government at closing.

  • A deed of trust secures a loan against real property using three parties — borrower, lender, and a neutral trustee who holds legal title until the loan is paid off — used instead of a mortgage in many states, mainly because it allows faster non-judicial foreclosure.

  • EasementIntermediate

    An easement is a legal right for someone other than the property owner — a utility company, neighbor, or local government — to use a defined part of the property for a specific purpose.

  • An easement by prescription grants an ongoing right to use part of someone else's land — like a path or driveway — after openly using it without permission for a state-specified number of years, without transferring ownership itself.

  • Eminent domain is a government's constitutional power to take private property for public use — such as a road or utility corridor — in exchange for "just compensation" paid to the owner, whether or not the owner wants to sell.

  • EncroachmentIntermediate

    An encroachment occurs when a structure — a fence, driveway, or building — extends past a property's legal boundary onto a neighboring lot, which can complicate a sale until resolved.

  • Joint tenancy is a form of shared ownership where all owners hold equal shares, and when one owner dies, their share automatically passes to the surviving owners — bypassing probate — rather than to their own heirs.

  • Lien WaiverIntermediate

    A lien waiver is a signed document from a contractor, subcontractor, or supplier giving up their right to file a mechanic's lien for work or materials they've already been paid for.

  • Life EstateAdvanced

    A life estate gives someone the right to live in and use a property for the rest of their life, with ownership automatically passing to a named "remainderman" upon that person's death, without going through probate.

  • Lis PendensAdvanced

    A lis pendens is a recorded notice warning that a property is the subject of pending litigation — such as a foreclosure or ownership dispute — putting future buyers and lenders on notice before they complete a transaction.

  • Mechanic's LienIntermediate

    A mechanic's lien is a legal claim a contractor, subcontractor, or supplier can file against a property if they aren't paid for work or materials — it can cloud the title until resolved.

  • A party wall agreement is a legal agreement between owners of adjoining properties — common with townhomes and rowhouses — governing shared responsibility for a wall on or near the property line.

  • A property survey is a professional measurement of a property's exact boundaries, structures, and easements, often required by a lender or title company before closing to confirm there are no encroachments.

  • A quiet title action is a lawsuit filed to resolve competing or unclear ownership claims against a property, resulting in a court judgment that establishes clear, undisputed title.

  • Quitclaim DeedIntermediate

    A quitclaim deed transfers whatever ownership interest the grantor actually has in a property, with no guarantee that title is clear or that the grantor even owns it — commonly used between family members or to clear a title defect, not in an arm's-length sale.

  • Ransom StripAdvanced

    A ransom strip is a small parcel of land — often just a narrow access strip — whose owner can block access to or development of an adjoining, much larger site, letting them demand a price ("ransom") far above the strip's own standalone value in exchange for granting access or rights.

  • RemaindermanAdvanced

    A remainderman is the person or party who receives full ownership of a property automatically when a life estate holder passes away.

  • A restrictive covenant is a recorded rule limiting how a property can be used or altered — set by a developer, HOA, or prior owner — that runs with the land and binds future owners, not just the person who agreed to it.

  • A right of first refusal gives a specific party — often a tenant, co-owner, or neighbor — the option to match any offer a seller receives before the seller can sell to someone else.

  • Tenancy in CommonIntermediate

    Tenancy in common lets two or more people own a property together in unequal or equal shares, each free to sell or will their share independently — with no automatic right of survivorship to the other owners.

  • Title insurance protects a buyer and lender against financial loss from title defects — such as undisclosed liens or ownership disputes — that a title search may not catch.

  • A title search is a review of public records to confirm a property's legal ownership history and check for liens, unpaid taxes, or other claims that could affect the sale.

  • A variance is a formally granted exception allowing a property owner to deviate from a specific zoning rule — such as a setback or height limit — typically granted when strict compliance would cause unusual hardship.

  • Warranty DeedIntermediate

    A warranty deed transfers property with the seller's legal guarantee that they hold clear title and the right to sell it, and that they'll defend the buyer against any future ownership claims — the standard deed type used in most home sales.

  • ZoningBasic

    Zoning is a set of local government rules dictating how a property can be used — residential, commercial, mixed-use — and often what can be built on it, including size, height, and setback limits.

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Definitions are provided for general educational purposes and are not financial, legal, tax, or real estate advice. Rules vary by transaction and location - verify important decisions with qualified professionals.