Appurtenant Easement
An interest in real property created over one parcel of land for the benefit of another parcel of land.
Acknowledgement
A certificate completed by a notary public and attached to a document as evidence that the document was signed by a particular person.
Body
In a real property legal description, language that follows the caption and which describes a specific portion of the land defined in the caption.
Caption
In a real property legal description, the first paragraph which defines, by reference to public records, the outer limits of the parcel to be described. When the parcel defined in the caption is the same as the parcel to be described, the caption constitutes the entire description. When the parcel to be described is a portion of the caption parcel, the description is further limited by succeeding body and/or exception paragraphs.
Constructive Notice
Notice imparted by the recording of a document. Anyone, thereafter, dealing with the property is deemed to have notice of the document, even though he may not have inspected the public records and does not have actual notice of the document.
Dedication
Conveyance of real property required by conditions for approval of a subdivision map, use variance or permit.
Donation
Conveyance of real property where the grantor waves rights to appraisal and purchase, at fair market value.
Easement
An interest in real property which entitles the owner of the interest to a limited use or enjoyment of the land.
Easement in Gross
A right in another's land which is not created for the benefit of land owned by the easement holder.
Eminent Domain
The right to take private property for public use.
Encumbrance
A right or interest in land (taxes, easements, liens, etc.) decreasing its value, but not hindering its sale or transfer.
Estate
The degree, quantity, nature and extent of an owner's interest in real property.
Exception
In a real property legal description, language that follows the caption and body (where a body is included) and which defines land to be excluded from the parcel being described.
Fee Simple
Highest ownership which may be held in land; is of indefinite duration; is freely transferable; is disposable by will; will pass to heirs if no will is left.
Grant Deed
Document for conveyance of real property. Contains implied warranties and conveys after acquired title.
Grantor
One who conveys or gives real property by a deed.
Grantee
One who receives real property by a deed.
Litigation Guarantee
A type of report, purchased from a title insurance company, on the status of title in a parcel of land. It provides information needed for filing an action to condemn real property for public use. It identifies the current property owner, provides a property description, lists all encumbrances of record and gives the recording data for the deed by which the property owner acquired ownership.
Partial Reconveyance
A document by which a lender gives up his rights under a deed of trust for a portion of a parcel of land. Used to remove the deed of trust lien from title when County is acquiring only a portion of a parcel of land. The property not acquired by the County remains security for the owner's loan.
Quitclaim Deed
A document for conveyance of real property. Transfers whatever interest, if any, which the grantor may hold.
Real Property
Land and things affixed to land (houses, trees, fences, etc.). This is contrasted with Personal Property (clothes, books, cars, etc.) which includes every kind of property that is not Real Property.
Reservation
An interest in real property, over all or a portion of a parcel of land, retained by the grantor when conveying the parcel to another.
Right of Way
A privilege to pass over another person's land. May be by foot, motor vehicle, railroad, pipe lines or pole lines or by whatever method is intended. The term is also commonly used to refer to the strip of land occupied by an improvement such as a road, flood control channel, pipeline or railroad.
Subordination
A document used to make an existing lien (particularly a trust deed) on real property of lesser priority in title to a newly created lien (particularly an easement to the County). Used to prevent extinguishment of County's easement in the event of a foreclosure on the property because the owner's failure to repay a loan.
Title
The method by which an owner's right to property is established or evidenced; i.e., evidence of ownership.
Title Report
A report, purchased from a title insurance company, on the status of title in a parcel of land. It identifies the current property owner, provides a property description, lists all encumbrances of record. ROWE uses this type of report where condemnation will not be needed.
Trust Deed
A document used to create a lien against real property as collateral for repayment of a loan. The trustor (borrower) conveys bare legal title to a trustee who holds it as security for the beneficiary (lender) until the loan is repaid.
Vacation
Elimination of public rights in a parcel (such as easements) by resolution of the governing body having jurisdiction. Fee ownership is not changed.
Vestee
The owner of real property.
