Real Estate Law Dictionary

We have put together our own dictionary with some of the common terms you should expect. Keep in mind these terms are for general use only, and should not be used for legal purposes.

A B C D E F G H I J K L M N O P Q R S T U V W X Y Z

A 

  • Abstract of Title – A summary of all legal records related to a property, including past ownership and claims. 
  • Appraisal – A professional estimate of a property’s market value. 
  • Assessed Value – The value assigned to a property by the government for tax purposes. 
  • Assignment – The transfer of legal rights or responsibilities from one person to another, often used in lease agreements. 
  • Attorney Opinion of Title – A lawyer’s written statement that a property title is valid and free from legal issues. 

B 

  • Balloon Payment – A large final loan payment due at the end of a mortgage or loan term. 
  • Bill of Sale – A legal document that transfers ownership of personal property, not real estate. 
  • Breach of Contract – When one party fails to follow the terms of a real estate agreement. 
  • Broker – A licensed professional who helps buy, sell, or lease real estate. 

C 

  • Closing – The final step in a real estate transaction where ownership is officially transferred. 
  • Closing Costs – Fees paid at the closing of a real estate deal, such as taxes, legal fees, and title insurance. 
  • Cloud on Title – A legal issue or dispute that affects ownership of a property. 
  • Commission – The fee paid to a real estate agent or broker for helping buy or sell a property. 
  • Common Area – Shared spaces in properties like condominiums, such as hallways or swimming pools. 
  • Condemnation – When the government takes private property for public use, usually with compensation. 
  • Condominium (Condo) – A type of real estate where individual units are owned separately, but common areas are shared. 
  • Contract for Deed – A real estate agreement where the buyer makes payments to the seller but does not get the title until all payments are made. 

D 

  • Deed – A legal document that transfers property ownership. 
  • Deed Restriction – A rule placed on a property that limits how it can be used. 
  • Default – Failure to meet a legal obligation, such as missing mortgage payments. 
  • Deposit (Earnest Money) – Money paid upfront to show a buyer is serious about purchasing a property. 
  • Disclosures – Information a seller must provide about a property’s condition and legal issues. 

E 

  • Easement – A legal right to use someone else’s land for a specific purpose, such as a driveway or utility lines. 
  • Eminent Domain – The government’s right to take private property for public use, usually with payment. 
  • Encroachment – When a structure illegally extends onto someone else’s property. 
  • Encumbrance – Any claim or restriction on a property that affects its use or value, such as a mortgage or lien. 
  • Escrow – A financial arrangement where a third party holds funds until all conditions of a real estate transaction are met. 
  • Estate – The total property, assets, and debts left behind by a person after they die. 

F 

  • Fair Market Value – The price a property would sell for under normal conditions. 
  • Foreclosure – The legal process where a lender takes back a property due to unpaid mortgage payments. 
  • Fixture – Something attached to a property, like built-in cabinets, that is legally considered part of the real estate. 
  • Fraud – Deception used to gain an unfair advantage in a real estate transaction. 

G 

  • Grantee – The person who receives ownership of a property. 
  • Grantor – The person who transfers ownership of a property. 

H 

  • Homeowners’ Association (HOA) – A group that manages shared areas in a community and enforces rules for property owners. 
  • Homestead Exemption – A tax benefit that reduces property taxes for a homeowner’s primary residence. 

I 

  • Inspection – A professional evaluation of a property’s condition before purchase. 
  • Interest Rate – The percentage charged on a loan for borrowing money. 
  • Intestate – Dying without a will, which affects how real estate is transferred. 

J 

  • Joint Tenancy – A type of property ownership where two or more people own equal shares, and when one dies, the other automatically inherits their share. 
  • Judgment Lien – A legal claim placed on a property due to an unpaid court judgment. 

L 

  • Landlord – The owner of a rental property. 
  • Lease – A legal agreement allowing someone to use property for a set period in exchange for rent. 
  • Leasehold Estate – A tenant’s right to use a property for a specific time under a lease agreement. 
  • Lien – A legal claim on a property used as collateral for a debt. 
  • Listing Agreement – A contract between a homeowner and a real estate agent to sell a property. 

M 

  • Market Value – The estimated price a property would sell for under normal conditions. 
  • Mechanic’s Lien – A legal claim placed on a property by a contractor or supplier for unpaid work. 
  • Mortgage – A loan used to buy real estate, with the property serving as collateral. 
  • Multiple Listing Service (MLS) – A database used by real estate agents to list and find properties for sale. 

N 

  • Notary Public – A licensed official who verifies the signing of legal documents. 

O 

  • Option Agreement – A contract giving someone the right to buy a property at a fixed price within a set time. 
  • Owner’s Title Insurance – Protection for the buyer against hidden legal issues with a property’s title. 

P 

  • Partition – A legal process to divide property among owners who no longer want to share ownership. 
  • Power of Attorney – A legal document giving someone the authority to act on another’s behalf in real estate matters. 
  • Pre-Approval – A lender’s confirmation that a buyer qualifies for a mortgage before they make an offer. 
  • Principal – The original amount borrowed on a loan before interest. 
  • Property Taxes – Taxes paid to the local government based on a property’s value. 
  • Public Records – Government-maintained documents that include property ownership history and legal filings. 

Q 

  • Quitclaim Deed – A deed that transfers property ownership without guaranteeing a clear title. 

R 

  • Real Property – Land and anything permanently attached to it, such as buildings. 
  • Refinancing – Replacing an existing mortgage with a new one, usually to get a lower interest rate. 
  • Restrictive Covenant – A rule placed on a property that limits how it can be used. 
  • Right of Way – The legal right to pass through someone else’s land. 

S 

  • Seller’s Disclosure – A form that sellers must complete to reveal known property issues. 
  • Short Sale – When a homeowner sells a property for less than they owe on the mortgage, usually to avoid foreclosure. 
  • Survey – A detailed map showing property boundaries and features. 

T 

  • Tax Lien – A legal claim by the government for unpaid property taxes. 
  • Tenancy in Common – A type of property ownership where multiple people share ownership but do not automatically inherit each other’s shares. 
  • Title – A legal document proving property ownership. 
  • Title Insurance – A policy that protects buyers from legal problems with a property’s title. 
  • Trust – A legal arrangement where a trustee manages property for someone else’s benefit. 

W 

  • Will – A legal document stating how a person’s property should be distributed after death.