A gift of personal property by will.

Beneficiary

A person designated to receive the income or other proceeds, as from a trust or estate.

Binder

A preliminary agreement, secured by the payment of an earnest money deposit, under which a buyer offers to purchase real estate.

Bridge Loan

A form of second mortgage that is collateralized by the borrower’s present home (which is usually for sale) in a manner that allows the proceeds to be used for closing on another property before the present home is sold.

Broker

An agent who negotiates contracts for purchase and sale. In Massachusetts, real estate brokers and salespersons are licensed by the state Real Estate Board.

Profit made from sale of an asset.

Citation (Cite)

Reference to legal authority, such a case, statute, regulation or ordinance.

Chain of title

The history of all of the documents affecting title to a parcel of real property, starting with the earliest existing document and ending with the most recent.

Closing

In a real estate transaction, a meeting in which the deed is delivered to the buyer, payment is made to the seller, title is transferred, and agreed-on costs are paid. Also called “settlement.”

Cloud on title

Any condition which adversely affects a title to real estate.

Commitment

In real property, a lender’s agreement to provide mortgage funding to a borrower.

Condemnation

The determination that a building is not fit for use or is dangerous and must be destroyed; or, the taking of private property eminent domain.

Condominium

A form of real estate ownership in which a property is divided into individually-owned units and common areas, the common areas being owned by the unit owners in undivided shares.

Consideration

The price or  thing (tangible or otherwise) given in exchange as part of an agreement or contract. For example, in a purchase and sale of real estate, the considerations are the buyer’s money and the seller’s property.

Contingency

A condition that may affect whether a contract is binding. For example, residential purchase and sale agreements often include mortgage commitment or home inspection contingency provisions.

Conventional Mortgage

A mortgage that is not insured or guaranteed by the federal government.

Convertible ARM

An adjustable-rate mortgage (ARM) that can be converted to a fixed-rate mortgage under specified conditions.

Cooperative

A form of ownership in which the residents of a multiunit housing complex own shares in a cooperative corporation which owns the property and each resident the right to occupy a specific apartment or unit.

Co-ownership

Ownership of property by more than one person.

Corporation

A form of business organization in which the business is a legal entity separate from its owners and employees. Corporations can act,  own property, or have claims brought against them in their own name, as compared, for example, to a sole proprietorship, in which all legal benefits and liabilities (even where a business name is used) are personal to the owner.

Counterclaim

Claim made by the Defendant against the Plaintiff in a lawsuit.

Covenant

Promise in a deed that affects or limits the use of the conveyed property.

Curtesy

Common law rights of a widower in real estate owned by his deceased wife during their marriage. In Massachusetts, common law curtesy has been abolished and replaced with gender-neutral dower rights.

Doing Business As.

Declaration of Condominium

Master Deed creating a condominium.

Deed

Instrument used to convey title to real property.

Deed in Lieu of Foreclosure

Deed used by a borrower surrendering title to his/her property to prevent lender foreclosure.

Deed of Trust

Document creating security interest in real property in which title is held by a trustee until the borrower repays the beneficiary (lender) in the amount of the loan. Used in some states for the essentially the same purposes as a mortgage.

Default

Failure to comply with a contractual obligation or another duty.

Devise

Gift of real property by will.

DOR

Massachusetts Department of Revenue.

Dower

At common law, rights of a widow in real estate owned by her deceased husband during their marriage. Under Massachusetts statute, dower rights are gender neutral.

The right to use the land of another for a specific purpose. Easements may be temporary or permanent. Example: A utility company easement across a property to run electric lines.

Easement Appurtenant

Easement that benefits a particular tract of land; generally an access easement or right of way.

Easement in Gross

An easement that does not benefit a particular tract of land; e.g. utility easements that run through all parcels of land in an area.

Eminent Domain

Process of governmental entity taking title to private property for public purposes.

Environmental Protection Agency (EPA)

Governmental agency responsible for the enforcement of environmental laws.

Escheat

Process whereby property of a decedent is given to the state because of no available heirs.

Escrow

Process whereby details of property transfer, payments, and deed conveyance are handled by a third party.

Executor

Male party responsible for the probate of a decedent’s estate pursuant to the decedent’s will.

Executory Interest

Future interest that is not a remainder and not an interest in the grantor.

Executrix

Female party responsible for the probate of a decedent’s estate pursuant to the decedent’s will.

Term to refer to an inheritable interest in land.

Fee simple

Highest land interest; full title; right to convey or transfer by will or mortgage without restriction.

Fee simple absolute

Another term for fee simple.

Fee simple defeasible

A fee simple estate that can be lost by violation of a condition or use restriction placed in the transfer by the grantor.

Fee simple determinable

Full title to land so long as certain conduct is avoided; e.g., “To A so long as the premises are never used for a bar.”

Fee simple subject to a condition subsequent

Full title provided that there is compliance with a condition; e.g., “To A upon the condition that the property is used for school purposes.”

Fee tail

Full title restricted in its passage to direct descendants of the owner.

Fiduciary

Party in position of trust and confidence with another; an agent or trustee.

Financing Statement

Document filed to protect a security interest; must contain information about the parties and description of the collateral.

Fixtures

Personal property that becomes attached to and is so closely associated with real property that it becomes a part of the real property.

Foreclosure

Process of selling mortgaged property to satisfy the debt owed by the defaulting mortgagor.

Forfeiture

Loss of rights; in a contact for deed, the loss of all interest in the property for nonpayment.

Freehold

Estates uncertain or unlimited in their duration.

At law, a transfer of property without consideration with donative intent by actual or constructive delivery.

Grantee

Person to whom an interest in land is conveyed.

Grantor

Person who conveys an interest in land.

Fund created under federal environmental laws; known as the Superfund for use in clean-up of toxic waste.

Heirs

Persons entitled to a portion of a decedent’s estate.

Homestead

Debtor protection that entitles the debtor to a certain amount in real property that is exempt from attachment by creditors.

Equitable remedy; court order requiring a party to perform an act or cease certain conduct; e.g. to stop trespassing.

Installment Land Contract

A contract for deed; method of selling property in which the seller serves as the financier for the buyer and the purchase; seller holds onto the title until there has been payment in full under an installment payment plan.

Interstate Land Sales Full Disclosure Act (ILSFDA)

Federal law regulating the sale of property across state lines; requires advance filing of sales of minerals, mandatory disclosure of certain information, and prohibitions on promises about the land’s future development.

Inter Vivos

During the life; while alive; e.g., an inter vivos gift.

Intestate

Death without a will.

Intestate succession

Statutory method for distributing the property of those who die without a will (intestate).

Involuntary lien

Lien that does not result from a contractual arrangement; e.g., a tax lien or a judicial lien.

Ownership of property by two or more people in which the survivors automatically gain ownership of a descendant’s  interest.

Agreement between the owner of land and another for the use and occupation of the land.

Lease-purchase

Financing method that permits potential buyers to lease property for a period with an option to buy.

Legacy

Gift of money by will.

License

Revocable right to enter another’s property.

Lien

Interest in real property that serves as security for repayment of debt.

Life Estate

Interest in land that lasts for the life of the grantee.

Life tenants

Those who hold a life estate in property.

Limited partnership

A partnership with at least one general partner in which limited partners can purchase interest and be held liable only to the extent of their interest and not risk personal liability.

Lis pendens

“Suit or action pending”; document recorded with the land records to indicate a suit involving the land is pending.

Form of title generally required to be delivered at the sale of property; property is free from liens and no defects in title other than those noted or agreed to.

Master Deed

In a condominium development, the document recorded to reflect the location of the project and the individual units.

Master Plan

General plan for zoning.

Mechanic’s liens

Liens placed on real property to secure the amount due to those who performed the work or supplied materials for improvements or other projects on the land.

Metes and bounds

Method of land description that begins with a permanent object and then through distances and directions describes the parcel of land.

Mortgage

Lien on real property used to secure a debt.

Mortgagee

Lender, or party who holds the mortgage lien.

Mortgagor

Borrower, or party occupying land that is mortgaged.

Mutual will

Wills of parties that are reciprocal in their distribution; usually based on a contract to make a will; generally enforceable.

Permit system that requires EPA approval for water discharges.

Negative easement

An easement that prohibits a property owner from doing something that affects the property of another.

Nonconforming use

In zoned areas, a use that does not comply with the area’s zoning but that existed prior to the time the zoning was effective.

Noncumulative classifications

Method of zoning in which use in a particular area is limited to the zoned use; e.g., industrial zones cannot include residential buildings and apartment areas cannot include single-family dwellings.

Nonfreehold estates

Land interests that are limited and certain in their duration.

Notice statute

Form of recording statute that gives later bona fide purchasers priority in the case of multiple purchases for the previous purchaser’s failure to give notice by recording their transactions.

Initial communication in contract formation that, if accepted, results in the formation of a contract.

Open listing

Listing that pays commission to whichever broker or salesperson sells the property; permits the owner to list with more that one broker and be liable for only one commission.

Option

Right to purchase property during a certain period of time. This right is paid for with consideration.

Ordinances

Laws passed on a local level of county, state or city governments.

Per stirpes

Method of distributing property to heirs whereby those closer in relation to the decedent receive greater shares.

Personal Representative

Party responsible for probate of an intestate estate (estate where there is no will).

Plat map

Method of land description that relies on a recorded map of a subdivision, with each deed making reference to the map and the particular lot being conveyed.

Posthumous heirs

Heirs born after the death of the decedent.

Premises

The words of conveyance in a deed; e.g., “do hereby grant and convey.”

Prepayment penalty

Clause in mortgage or promissory note that requires the mortgagor to pay an additional charge for paying off the loan early.

Prescription

Process of acquiring an easement through adverse use of the easement over a required period of time.

Probate

Process of collecting the assets of a decedent; paying the decedent’s debts, determining the decedent’s heirs, and distributing the property to the heirs.

Promissory note

Two-party debt instrument that, in real estate, is generally secured by a mortgage or a deed of trust or some other interest in real estate.

Purchase money mortgage

A mortgage used to secure a debt for the funds used to buy the mortgaged property.

A right-of-way as it existed when there was unity of ownership in a parcel of land.

Quiet title action

Court action brought to determine the true owner of a piece of land.

Quitclaim deed

Deed that serves to transfer title if the grantor has any such title; there are no guarantees that the grantor has any title or good title.

Real estate investment trust – form of real estate syndication in which investors hold trust estates and enjoy profits of trust’s real estate holdings.

RESPA

Real Estate Settlement Procedures Act – federal statute regulating disclosure of closing costs in advance and prohibiting kickbacks for referring customers to title companies.

Recording

Process of placing a deed or other document on the public records to give notice of a transaction or interest in land.

Refinancing

Negotiating a new loan for real estate; generally done to obtain a lower rate or in the case of a sale to allow the buyer to purchase the property.

Regulation Z

Truth in Lending – The Federal Reserve Board’s regulations on disclosures in all types of credit transactions.

Remainder

A future interest in someone other that the grantor; a remainder follows a life estate.

Recission

Right to treat a contract as if it never existed; rescind contract rights; generally appropriate in cases of fraud and misrepresentation.

Reversion

Future interest in grantor that results after life estate terminates and no remainder interest was given.

Right of entry

Future interest in grantor that results after the life estate terminates and no remainder interest was given.

Right of redemption

In mortgage foreclosures, the right of the mortgagor to redeem his or her property for six months after the foreclosure sale by paying off the debts and costs of the foreclosure.

Rule against perpetuities

Rule that prohibits the control of estates from the grave; provides a cap on use restrictions on contingent remainders and executory interests.

In a lease, the amount of money prepaid by the tenant to secure performance of a lease and often provides the amount of liquidated damages if the tenant does not perform.

Self-proving will

A will that is acknowledged or notarized and thereby enjoys the presumption of validity.

Servient estate or tenement

Land through which an easement runs or which is subject to the easement.

Sheriff’s Deed

Form of title given to a buyer at a mortgage foreclosure sale; carries no warranties.

Soldier’s and Sailor’s Civil Relief Act

A Federal law that provided time limitations on foreclosures involving those in active military service.

Special Warranty Deed

Deed that provides warranty of title only for the period during which the grantor owned the property.

Specific performance

Equitable remedy that requires a party to a contract to perform the contract promise or promises.

Statute of Frauds

Statue dictating what types of contracts must be in writing to be enforceable. Contracts concerning real estate must comply with the statute of frauds.

Subdivision

Parcel of land developed with building lots, streets, homes, parks, etc…

Sublease

Arrangement in which a tenant leases rental property to another, and the tenant becomes the landlord to the subtenant.

Subordinate mortgage

Mortgage with a lesser priority than a preexisting mortgage.

Surety

One who stands as a guarantor for an obligation; as in payment or performance bond.

Term used to describe the government action of using private property for public purposes.

Tax Deed

Form of title given in the event property is sold to satisfy taxes; carries no warranties.

Tax lien

Lien placed on property for amount of unpaid taxes.

Tax sale

Foreclosure sale on property for nonpayment of taxes.

Tenancy by the entirety

A type of joint tenancy of property that provides right of survivorship and is available only to a married couple.

Tenancy in common

A type of joint tenancy of property without right of survivorship; each tenant’s portion of ownership is distributable under will.

Testamentary

Disposition by will.

Time-sharing properties

Form of multiunit housing in which owners own the unit for a limited period of time during each year.

Title abstract

Summary of the history of title to a parcel of land.

Title Insurance

Insurance that pays the buyer of property in the event certain title defects arise.

Title Theory

Theory of mortgage law that puts title in the mortgagee and possession in the mortgagor.

Torrens system

System for recording land titles designed to prevent the selling of the same parcel of land to more that one person.

Tract Index

Form of land record that keeps history of title through identifications within the particular tract.

Trustee

Third party responsible for handling the property of another; as in deed of trust or real estate investment trust.

Uniform commercial code – uniform statute adopted in most states that governs commercial transactions; Article IX deals with security interests and fixtures.

Usury

Charging interest rates in excess of the statutory allowed maximums.

Approved uses of land outside the scope of an area’s zoning.

Vested remainder

A remainder that will automatically take effect when the life estate ends.

Voluntary lien

A lien created because of a contract as opposed to a tax lien, which is involuntary.

An intentional or voluntary relinquishment of a known right.

Warranty

A promise that a proposition or fact is true.

Warranty deed

Deed that conveys title and carries warranties that the title is good, that the transfer is proper, and there are no liens and encumbrances other than as disclosed in the deed.

Way

A passage, path, road, or street, or a right of passage over land.

Wetlands

Lands on which water covers the soil or is present either at or near the surface of the soil all year or much of the year, such as swamps and marshes. Wetlands are subject to extensive government regulation, and there are variations among legal definitions in use.

Will

Document by which a person (testator) makes a disposition of property to take effect after his/her death.

Wrap-around mortgage

A form of loan transaction, sometimes used in seller-financing, in which the lender assumes (or continues to have) responsibility for a preexisting mortgage (i.e., the new mortgage “wraps around” the first).

Local government land use regulations, including provisions permitting or prohibiting particular uses (such as business or residential) in defined areas.