Glossary

Welcome to the Ticor Title Orange County Glossary. This comprehensive resource defines key real estate and title insurance terms to help you understand the language used in property transactions, legal documents, and our services. Use the alphabetical index below to navigate to the terms you need.

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Blue Sky Law
Bona Fide
Bona Fide Purchase

Earnest Money: – Something given as a part of the purchase price to bind a bargain.
Easement: – A limited right or interest in the land of another entitling the holder to some use, privilege, or benefit.
Easement Appurtenant: – An easement created for the benefit of and attaching to a parcel of land.
Easement in Gross: – An easement created for the benefit of a person rather than for a parcel of land.
Ejectment: – Legal action for return of right to possession of land and for damages.
Eleemosynary: – Charitable.
Eminent Domain: – The right to take private property for public use.
Emptor: – A buyer.
Encroachment: – The extension of an improvement onto land of another.
Encumbrance: – A right or interest in land decreasing its value but not hindering its sale or transfer.
Endorsement: – The act of signing a name on the back of a check or promissory note to evidence its transfer; also, a written document attached to an insurance policy expanding or limiting coverage.
Enfeoff: – To vest a person with fee title to land.
Entirety: – A form of cotenancy in which owners are jointly seized of the whole.
Equitable Lien: – A lien recognized in a court of equity.
Equitable Title: – The right to acquire legal title.
Equity: – Natural right or justice based upon ethics and morals.
Equity in Property: – The value of a person's interest in property over and above total liens and charges.
Equity of Redemption: – The right to redeem property after a judicial sale.
Erosion: – The gradual eating away of soil by natural forces.
Escalator Clause: – Provision for upward or downward adjustment of costs, expenses, rents, etc.
Escheat: – A forfeiture of title to the state.
Escrow: – A transaction in which an impartial third party acts upon instructions for both seller and buyer, or for both borrower and lender, in carrying out instructions, delivering papers and documents and, disbursing funds.
Estate: – The degree, quantity, nature, and extent of a person's interest in real property.
Estate at Will: – Possessory right of a tenant for an indefinite period terminable by either landlord or tenant upon notice.
Estate for Life: – Estate measured in time by the uncertain duration of a person's lifetime.
Estate for Years: – Estate measured for a certain, definite, or fixed period of time.
Estate of Inheritance: – An estate extending beyond the owner's lifetime which is succeeded to by heirs or by devisees.
Estate Tax: – A tax upon the privilege of transmitting title to property of a decedent.
Estoppel: – A bar to the assertion of a right or a defense in consequence of previous position, act, or representation.
et AL: – And others.
et Con.: – And husband.
et Seq.: – And following.
et Ux.: – And wife.
Ex Parte: – A judicial proceeding, order, injunction is said to be ex parte when it is taken or granted at the request and for the benefit of one party only, and without notice to any person.
Ex Post Facto: – After the event.
Examination: – The process of determining the vesting of title, and encumbrances burdening land.
Examiner: – A person who analyzes a chain of title to land and expresses an opinion thereon.
Exception: – A deduction, subtraction, or exclusion.
Exculpatory Clause: – Provision designed to absolve a party from liability.
Execution Proceedings: – Judicial enforcement of a money judgment consummating in seizure and sale of debtor's property.
Executor: – A male representative of the estate of a testate decedent.
Executory: – An agreement or contract not yet performed.
Executrix: – A female representative of the estate of a testate decedent.
Exemption: – Immunity from a burden or obligation.
Expediente: – Spanish or Mexican land grant file.
Extension Agreement: – Agreement granting additional time for performance.

Habendum and Tenendum: - To have and to hold.
Habendum Clause: - The provision in a deed, usually following the description, reciting: "to have and to hold, etc."
Hand: - A lineal measure of four inches.
Heir: - A person entitled by law to inherit property of a decedent.
Hereditaments: - Anything capable of being inherited.
Holding Agreement: - A form of a trust where trustee holds legal title to real property with no active duty of management or control.
Holographic Will: - A will entirely written, dated, and signed by the testator in his or her own handwriting.
Homestead: - The dwelling in which an owner or head of a family resides protected to a limited extent from forced sale by a recorded declaration of homestead.
Hypothecate: - To pledge without delivery of title or possession. (Principally an admiralty term that has found its way into real property finance).

Joinder: - One or more person acting in unison joining together.
Joint Protection Policy: - A policy insuring more than one interest. I.E., the interest of both owner and lender.
Joint Tenancy: - A form of co-ownership by two or more persons in equal shares characterized by the incident of survivorship.
Joint Venture: - A form of business organization composed of two or more persons to conduct a single enterprise for profit.
Judgment: - A final determination in a court of competent jurisdiction of the rights of the parties to an action or proceeding.
Judgment Lien: - A statutory lien created by recording a judgment, or an abstract, ordering the payment of a sum of money.
Junior Lien: - A lien of inferior priority.
Jurat: - The portion of a certificate or affidavit stating when, where, and before whom it was sworn.
Jurisdiction: - The power to adjudicate concerning the subject matter in a given case.

Map Act - The Subdivision Map Act (Gov. Code, Section 66410 et seq.) regulating the subdivision of land.

Marshaling - The ranking of several parcels of land for the satisfaction of a debt for which all parcels serve as security. Marshaling is an equitable principle.

Mean - Intermediate.

Mean High Tide Line - The average height of certain high waters.

Meander - To follow a winding course.

Mechanic's Lien - A statutory lien in favor of persons contributing labor, material, supplies, etc. to a work of improvement upon real property.

Memorial - A short note, abstract, or memorandum.

Merger of Title - The absorption of a lesser estate into a larger estate.

Meridians - Imaginary north-south lines intersecting base lines to form a starting point for measurement of land.

Mesne - Intermediate, intervening.

Metes and Bounds - Measurements and boundaries.

Military Reservist Relief Act of 1991 - California statutory law to protect military reservists called to serve during the Gulf War from loss of property in satisfaction of obligations incurred before being called to serve.

Monument - An object or mark employed by a surveyor to fix or to establish boundaries or land location.

Moratorium - A temporary suspension by statute of the enforceability of a debt.

Mortgage - A two party security instrument pledging land as security for the performance of an obligation.

Mortgagee - The party entitled to performance by a mortgagor.

Mortgagor - The party executing a mortgage.

Muniments of Title - Deeds and other original documents comprising a chain of title to a parcel of real property.

Mutual Water Company - A company organized for the purpose of providing water to its members.

Naturalization: - The conferring of rights of citizenship to a person who has been an alien.
Naturalized Citizen: - A person made a citizen of the United States by act of congress.
Neap Tides: – Tides occurring between the full moon and the change of the moon, twice every twenty-four hours.
Negotiable: – Capable of transfer by endorsement in the ordinary course of business.
Negotiable Instrument: – Instruments with special legal incidents permitting free circulation in commerce.
Nominee: – A person designated to act in the place and stead of another.
Nonjudicial Foreclosure Sale: – Sale of property pursuant to the power of sale provisions contained in a security instrument.
Notarize: – To prove execution of a document by means of a notary public's certificate of acknowledgment.
Notary Public: – A person authorized by law to take acknowledgments and to administer oaths.
Note: – A common reference to a promissory note.
Note of Action: – A lis pendens.
Notice of Cessation: – A recorded notice shortening the time for filing mechanics' liens if work ceases prior to completion.
Notice of Completion: – A notice recorded within ten days of completion of a work of improvement signaling commencement of the time period within which claims of mechanics' liens must be recorded.
Notice of Default: – A recorded notice of a trustor's failure to perform his/her obligation under a deed of trust. The beginning step in nonjudicial foreclosure of a deed of trust.
Notice of Non-Responsibility: – A recorded notice by an owner of real property that he/she will not be responsible for payment of costs of improvements contracted for thereon by some other person.
Notice to Quit: – Notice given by landlord to a tenant to pay rent within three days or vacate premises.
Novation: – The substitution of a new obligation for an old one.
Nunc Pro Tune: – Now for then; a tardy act made retroactive to the time when the act should have been done.
Nuncupative Will: – An oral will.

Obiter Dictum: - That said in passing.
Office Information: - Special information of title significance concerning persons or property maintained by a title company but not necessarily a matter of public record.
Offset Statement: - Statement customarily furnished an escrow holder as to the current status of rental accounts, security deposits, and balance due on liens and encumbrances.
Omnibus Clause: - Provision in an order for distribution by which any property of a decedent not specifically described is distributed.
Open-End Mortgage: - Provision in a mortgage (or deed of trust) by which additional advances of money made by lender to borrower after execution of the security instrument are also secured by it.
Operative Property: - Property reasonably necessary to the operation and conduct of a particular business.
Option: - A choice; a right, for a consideration, to do or not to do an act in the future, or to require or not require performance of a future act by another.
Order Confirming Sale: - A court order confirming sale of estate property by a personal representative, or other fiduciary.
Ordinance: - A legislative enactment of a city or county.
Ostensible: - That which is apparent or that which seems to be.
Outlawed: - A claim, right, or cause of action unenforceable due to lapse of time.
Overriding Royalty: - That interest in unsevered oil and gas retained by a lessee upon occasion of his or her execution of a sublease or assignment.
Overt: - Open.
Owner's Policy: - A policy of title insurance insuring the title of an owner.
Ownership: - The right to use and enjoy property to the exclusion of others.

Parcel - Any area of land contained within a single description.

Parol - Oral.

Partial Reconveyance - An instrument extinguishing the lien of a deed of trust from a portion of the property.

Partial Release Clause - Provision in a land contract, deed of trust or mortgage for a conveyance of a portion of the property to buyer upon satisfaction of specified conditions.

Participating Per Cent - Any interest in unsevered oil and gas which an owner, lessee, sublessee, or assignee disposes of to investors to finance production whereby the investor shares proportionately in the income from the enterprise.

Partition Action - Judicial proceedings instituted by a co-owner or co-owners to sever their co-ownership either by a physical division into separate parcels or by sale of entire parcel and division of proceeds.

Partnership - An association of two or more persons to carry on as co-owners a business for profit.

Party Wall - A wall located on a boundary line and used by both owners.

Patent - A conveyance of title to public land executed by the federal or state government.

Pendente Lite - Pending litigation.

Per Autre Vie - During the life of another.

Per Capita - By the head; by the number of individuals.

Per Se - By itself; as such.

Per Stirpes - According to the roots; by right of representation.

Percentage Lease - A lease under which rental is determined, in whole or in part, from the volume of business done.

Periodic Tenancy - Tenancy for successive periods of equal duration.

Personal Property - Movable property; property which is not real property.

Plaintiff - The party initiating an action.

Plat - A plot, map, or chart.

Pleadings - The formal writing filed in court containing the various claims and defenses of plaintiff and of defendant.

Pledge - Delivery of personal property as security for the performance of an obligation.

Policy of Title Insurance - A contract indemnifying against loss resulting from a defect in title to the interest or lien in real property insured.

Post - After; afterward.

Powers of Attorney - A written delegation from a principal authorizing another person, as agent of principal, to act for him or her in his/her name in a designated transaction or transactions.

Pre-Payment Clause - Provision permitting payment of a debt prior to due date.

Pre-Payment Penalty - Charge imposed by a lender for payment of a debt before due date.

Preamble - The introductory portion.

Preemption - The act of purchasing before or ahead of another person.

Preemption Entry - An entry upon public lands of the United States by a settler giving the settler a preferred right to acquire title.

Preemptive Right - A preferential right to purchase on same terms as offered by a third party.

Prescription - A method of acquiring an easement by adverse use of another's property.

Press Copy - A title company's copy of title insurance or information it has issued.

Presumption - That which may be assumed without proof.

Pretermit - To omit; to pass by.

Prima Facie - Assumed correct until overcome by further proof.

Principal - A party represented by an agent or the chief or foremost party in a particular transaction or the amount of a loan to be repaid exclusive of interest or the assets constituting a trust estate.

Priority - The relative superiority of competing liens and encumbrances.

Privity - Closeness; mutuality of relationship.

Pro-Rata - Proportionately; according to a certain rate, percentage, or proportion.

Probate - Relating to proof, the proof of validity of a will of a decedent; the proof of ownership.

Probate Court - A division of superior court having jurisdiction over estates of decedents, minors, incompetents, and conservatees.

Profit Prendre - A right to take a part of the soil or produce of land.

Promissory Note - An unconditional written promise, signed by maker, to pay, absolutely, a sum certain in money, either to the bearer or to a person therein designated or his/her order.

Public Lands - All unoccupied land belonging to the federal government subject to disposition under general land laws.

Public Report - A report issued by California Real Estate Commissioner containing information of interest to a prospective buyer of subdivided property.

Purchase Money Mortgage - A mortgage securing payment of all or a portion of the purchase price of real property. A purchase money mortgage can be a mortgage with 'first priority', 'second priority', third priority', etc.

Community Property – Property acquired by a married person while domiciled in California which would have been community property if the acquiring spouse had been domiciled in California.

Contract – A contract implied by law; based on conduct.

Sale and Leaseback: - A transaction in which a grantee in a deed leases the same property back to the grantor without a change in its possession.
Sales Contract: - An agreement entered into for the sale and purchase of property.
Sans: - Without.
Satisfaction: - The performance of the terms of an obligation.
Scilicet: - To wit, that is to say; namely, abbreviated as "ss."
Seal: - An impression on a document lending authenticity to its execution.
Searcher: - A title company employee who assembles the links required to complete a chain of title to real property.
Section: - A measure of land one square mile containing 640 acres.
Security: - Collateral; property pledged or hypothecated to secure performance of an obligation.
Security Deposit: - Deposit of money made to assure performance of an obligation.
Seisin: - The possession of land under a claim of freehold.
Seriatim: - In succession.
Servient Tenement: - The estate burdened by an easement.
Servitude: - A right in another's property in the nature of an easement.
Settlor: - One who creates a trust.
Severalty Ownership: - Ownership of property by one person sole ownership.
Sheriff's Deed: - Conveyance of title to a debtor's property as a consequence of an execution sale.
Sine Qua Non: - Without which not. An indispensable requisite.
Situs: - The location of property.
Slander of Title: - False unjustified statements regarding another person's title to property.
Soldiers' and Sailors' Civil Relief Act: - Federal law designed to protect members of the armed forces from loss of property in satisfaction of obligations incurred before entry into the service. [See also California's Military Reservist Relief Act of 1991].
Special Assessments: - Charges imposed upon real property especially benefited by a local public improvement.
Specific Performance Action: - A form of action seeking the execution of documentation relating to real property.
Stare Decisis: - A form of action seeking the execution of documentation relating to real property.
Statement of Information: - A brief statement of facts relied on by title insurers to assist in the proper identification of persons.
Status: - The legal position of an individual; i.e., adult, minor, etc.
Statute of Frauds: - A series of statutes designed for the purpose of preventing fraud. For example, in order to be enforceable, an agreement for sale of real property must be in writing.
Statute of Limitations: - A series of statutes designed to render unenforceable stale claims and rights.
Stirps: - Stock, race, family. The person from whom a family descends.
Stop Notice: - A notice given a construction lender by an unpaid contributor to a work of improvement for the purpose of intercepting loan funds.
Straight Note: - A promissory note calling for payment of principal in one sum rather than in installments.
Subdivision: - The division of a tract of land into separate parcels.
Subject To: - The recognition of an existing lien or encumbrance but not assuming personal liability therefor.
Sublease: - A lease executed by a tenant for a term less than the leasehold.
Subordinate: - To make inferior in priority.
Subordination Agreement: - An agreement changing the priority of interests.
Subrogate: - To substitute one person in place of another with reference to an obligation.
Substitution: - The appointment of a person to act in the place and stead of another.
Summons: - A court's direction to the sheriff to inform a defendant that an action has been filed against him/her.
Surety: - One who guarantees the performance of an obligation by another.
Survey: - A process of measuring a parcel of land and ascertaining its area and boundaries.
Syndicate: - A pooling arrangement or association of persons investing in real property by buying shares in an organization.

Takeout Loan: - Agreement by a lender to place a long term (take out) loan on real property after completion of construction.
Tax Deed: - A deed issued to a purchaser following a sale necessitated by the nonpayment of real property taxes.
Tax Sale: - Sale conducted for the purpose of collecting delinquent taxes assessed to a parcel of real property.
Tax Search: - An examination of the public records of taxing authorities to determine the tax status of a parcel of real property.
Tenancy by the Entirety: - A form of co-ownership by husband and wife, characterized by the inability of one spouse alone to convey or encumber and by the incident of survivorship.
Tenancy In Common: - A form of co-ownership of property by two or more persons in undivided interests.
Tender: - An unconditional offer to pay a debt or to perform an obligation.
Tenements: - All rights in land passing with a conveyance thereof.
Tentative Map: - A proposed subdivision map required to be submitted to and approved by the local government agency before approval of a final subdivision map.
Tenure: - The mode or manner in which a title to land is held.
Term: - The time duration of a lease or of a loan also, any provision of a contract or lease.
Terminable Interests: - Interests enduring for a limited period of time.
Termite Report: - A report of an inspection for wood-destroying pests by a person licensed by the state.
Testament: - True declaration of a person's last will.
Testamentary Trust: - A trust created by the last will and testament of a decedent.
Testator: - One who died leaving a will.
Testimonium Clause: - The concluding clause of an instrument beginning with the words: "In witness whereof..."
Tie: - A survey connection from a point of known position to a point whose position is desired. A tie is made to determine the position of a supplementary point whose position is desired for mapping or reference purposes, or to close a survey on a previously determined point. To "tie in" is to make such a connection. The point to which the connection is made is termed a tie point.
Tie Point: - Point of closure of a survey either on itself or on another survey.
Tied: - As used in surveying, monuments are tied together by measurements. A property corner is tied to offset monuments or to other property corners.
Tier: - A row of townships running east and west parallel to and north or south of a designated base line.
Time Is Of The Essence: - Clause in a contract indicating punctual compliance is required.
Title: - The sum total of a person's right or the extent of his/her interest in real property.
Title Insurance: - Assurance of indemnification for loss occasioned by defects in the title to real property or to an interest therein which is insured.
Title Plant: - The records of a title company assembled and maintained for the purpose of issuing title insurance on real property.
Title Policy: - A contract indemnifying against loss resulting from a defect in the title to the interest or lien in real property insured.
Title Search: - The assembled links required to complete a chain of title to a parcel of real property.
Toll: - To bar; to defeat.
Toll the Statute: - To stop or interrupt the running of a statute of limitation.
Topography: - The nature of surface of land, e.g., level, rolling, mountainous.
Torrens: - A system of registration of land title no longer lawful in California but utilized in some other states.
Township: - A normally square shaped subdivision of public lands containing 36 sections uniformly numbered starting with the northeast section.
Tract: - A parcel of land divided into smaller parcels called lots.
Trade Fixtures: - Articles of personal property, fastened to real property necessary to carry on a trade or business.
Trade Name: - The name under which an organization does business.
Transfer Tax: - A tax imposed upon transfers of title to real property.
Trust: - A fiduciary relationship in which a trustee holds title to property for the benefit of a beneficiary.
Trust Deed: - Same as a deed of trust; a three party security instrument conveying title to land as security for the performance of an obligation.
Trustee: - The fiduciary holding title to property for the benefit of another.
Trustee's Deed: - The deed given by the trustee under a deed of trust when the secured property is sold under power of sale.
Trustee's Sale: - Foreclosure sale conducted by the trustee in the exercise of a power of sale.
Trustor: - The person conveying property in trust.

The essential elements of a common law joint tenancy. i.e., unities of time, t and possession.

nrichment - Mistake or misfortune of one person unfairly benefiting another

UCC - Uniform Commercial Code. (Com. Code, Section 1101 et seq.)

Ultra Vires - Beyond their powers.

Undivided Interests - Unsegregated interests of co-owners in the entire pr

Undivided Interests - Unsegregated interests of co-owners in the entire property, holding ownership as tenants in common.

Unities - The essential elements of a common law joint tenancy, i.e., unities of t

This completes the Ticor Title Orange County Glossary. For questions about any of these terms or how they relate to your property transaction, please contact our team at (714) 289-3350 or visit us at the bottom of this page.

Valid - Sufficient in law; effective.
Vara - A Mexican measure of length; approximately 33 inches.
Variable Interest - Interest rates fluctuating up or down according to current cost of money.
Vendee - A buyer or purchaser.
Vendor - A seller.
Venue - The county in which an action is brought; also the place where an acknowledgment is taken.
Verification - A sworn statement before a qualified officer (notary public) that the contents of a writing are true.
Vest - To give an immediate fixed right to property.
Vested Interest - A property interest that is fixed or determined.
Vestee - Present record owner.
Vide - See.
Videlicet - To wit, that is to say; abbreviated as "viz."
Viz. - Abbreviation for videlicet.
Voidable - Subject to being declared void.
Voluntary Lien - A lien intentionally created or entered into by a debtor.

Warranty Deed - A deed containing express covenants as to good title and right to possession.
Waste - Damage, destruction or injury to real property.
Water Right - The right of an owner of land to use water adjacent to or below the surface of the land.
Wrap Around Mortgage - Same as an "all inclusive mortgage": One incorporating the balance due under a prior mortgage.