Real Estate Glossary

The decision of a court of law. Money judgments, when recorded, become a lien on real property of the defendant.

A lien placed against the real property of a judgment debtor. An involuntary lien.

A mortgage creating a lien which is inferior or subordinate to a prior lien. Foreclosure of a junior mortgage will not extinguish a lien which is superior to it. See Also: First Mortgage

In a condemnation proceeding, the term refers to the amount paid to the property owner. The theory is that in order to be "just" the property owner should be no richer or poorer then before the taking.

An installment contract for the sale of land whereby the seller has legal title until paid in full. The buyer has equitable title during the contract term.

Originally used to describe freehold estates only. The terms have come to mean the most technical and all-inclusive description of real estate.

Several types of landlord's liens are created by contract or by statute. Some examples are: (i) a contractual landlord's lien; (ii) statutory landlord's lien; and (iii) landlord's remedy of distress (or right of distraint), which is not truly a lien but has a similar effect.

A warrant enabling a landlord to levy upon a tenant's personal property (e.g., furniture, etc.) and to sell this property at a public sale to collect delinquent rent.

An agreement whereby the owner of real property (i.e., landlord) gives the right of possession to another (i.e., tenant) for a specified period of time (i.e., term) and for a specified consideration (i.e., rent).

The date on which beneficial occupancy commences and the legal terms of the lease go into effect.

Improvements made to leased premises by a tenant. See Also: Tenant Improvements

A method of geographically identifying a parcel of land that is acceptable in a court of law.

The term is used to distinguish the legal owner from the equitable owner and not as opposed to an illegal owner. The legal owner has title to the property, although the title may actually carry no rights to the property other than to act as a lien.

Usually title without ownership rights, such as the title placed in a trustee under a deed of trust, or the title in a vendor under a land contract.

A letter from a grantor to a tenant, stating that a property has been sold, and directing rent to be paid to the grantee (i.e., the new owner). See also "Attorn."