Word Watch · Full episode · 25:16
30 Real Estate Terms That Show Up on Every Exam
Learn 30 real estate terms with illustrated explanations, examples and quick checks. Watch the full Click2CE episode or choose a concept to review.
ProductionAI-assisted production with Sarah narration
TranscriptRead along, or select a timestamp to jump there
- Start with the land.
- Add the house and its permanent improvements.
- Now add the ownership rights associated with that
- real estate.
- Together, we are describing real property.
- Look inside the kitchen.
- Built-in cabinets ordinarily form part of the real
- estate as fixtures.
- The movable cart ordinarily does not.
- The key distinction is not whether an item
- is valuable.
- It is how the item relates to the
- land and improvements, along with the relevant facts
- and agreement.
- Ownership rights can also be divided or limited.
- Quick check:
- does every object sitting inside a house automatically
- become real property?
- No.
- A movable item can remain personal property even
- when it is inside the home.
- Look at this kitchen cart.
- It sits in the house, but it can
- ordinarily move with its owner.
- Personal property, also called chattel, generally means property
- that is not real property.
- The cart is our example.
- Compare it with the built-in cabinets.
- An item that starts as personal property may
- become a fixture when incorporated into the real
- estate.
- Watch the classification change:
- a loose cabinet, then a built-in installation.
- But attachment alone is not the whole analysis.
- Consider adaptation, intention, the parties' relationship, and the
- agreement too.
- Quick check:
- is the movable cart automatically included just because
- the house is sold?
- No.
- Check the agreement instead of assuming every item
- stays.
- Look at these two items in the same
- kitchen.
- Built-in cabinets, and a cart on wheels.
- Both are useful.
- Both may be heavy.
- But they are not necessarily classified the same
- way.
- The cart is ordinarily personal property.
- It can be moved without becoming part of
- the building.
- The cabinets are ordinarily fixtures, incorporated into the
- kitchen.
- A fixture began as personal property but is
- treated as part of the real estate.
- Attachment and adaptation matter.
- So do intention, the parties' relationship, and their
- agreement.
- Do not decide from weight or appearance alone.
- Quick check:
- which item is more likely a fixture?
- The built-in cabinets.
- The key is how the item is incorporated
- into the property, considered with the facts and
- agreement.
- Owning a home means more than holding a
- key.
- Think of ownership as a bundle of rights.
- Possession:
- occupy the property.
- Control:
- decide how to use it within legal limits.
- Enjoyment:
- use its benefits.
- Exclusion:
- keep others out, subject to their legal rights.
- Disposition:
- transfer your interest.
- Now watch one right separate from the bundle.
- A lease can give a tenant possession for
- a period, while the landlord retains ownership.
- An easement can grant a limited use right.
- The rights are not unlimited.
- Laws, valid restrictions, and other people's interests still
- matter.
- Quick check:
- does granting a driveway easement automatically transfer ownership
- of the entire parcel?
- No.
- A limited use right can be granted separately.
- Watch this home's ownership move from one person
- to the next.
- Fee simple absolute is the broadest private ownership
- estate.
- It is potentially perpetual and inheritable.
- The current owner can transfer it, and an
- heir can inherit it.
- Notice that our timeline has no preset ending.
- Compare that with a life estate, which is
- measured by a specified person's life.
- And compare it with a defeasible fee, which
- may end when a specified condition occurs.
- The word absolute does not erase legal limits.
- Taxes, zoning, and valid liens can still apply.
- Quick check:
- does fee simple absolute mean an owner can
- ignore zoning?
- No.
- Broad ownership still operates within the law.
- One home.
- Two successive interests.
- In this example, Morgan holds a life estate
- measured by Morgan's own life.
- Riley holds the remainder.
- Morgan has the present right to possession.
- Riley's right to possession comes later.
- Watch the timeline.
- When Morgan's measuring life ends, the life estate
- ends, and Riley's remainder becomes possessory.
- Now rewind.
- Suppose Morgan transfers the life estate to Casey.
- Casey receives only the interest Morgan had.
- The measuring life is still Morgan's.
- The transfer does not turn it into permanent
- ownership.
- A life estate can also be measured by
- another specified person's life.
- Quick check:
- can transferring a life estate extend it beyond
- the measuring life?
- No.
- The measuring life still sets its duration.
- Two homes.
- One access route.
- The rear owner needs to reach the public
- street.
- In this example, an access easement allows that
- owner to travel along this driveway, across the
- front parcel.
- Follow the route from the street to the
- rear home.
- The rear parcel receives the access benefit.
- The front parcel carries the burden of allowing
- that use.
- But watch what does not change.
- The front owner still owns the land beneath
- the route.
- The easement gives a right to use it
- for the permitted purpose.
- It does not transfer ownership of the strip.
- Quick check:
- does using a neighbor's driveway mean you own
- it?
- No.
- Remember the distinction:
- a right to use, not ownership of the
- land.
- Two neighboring properties.
- A shed near the boundary.
- The question is not simply where the fence
- or hedge appears to be.
- The question is where the actual property line
- lies.
- Look at this simplified plan.
- The dashed line represents the boundary.
- Part of the shed extends across it, into
- the neighboring lot.
- That physical intrusion is an encroachment.
- Compare it with an easement.
- An easement is a legal right to use
- another's land.
- An encroachment describes something physically crossing a boundary.
- One does not automatically create the other or
- transfer ownership.
- A survey can help locate the intrusion; documents
- and applicable law help determine the rights.
- Quick check:
- a shed crosses the property line.
- What describes the physical condition?
- Encroachment.
- Picture a debt connected to a property.
- A lien is a charge or claim against property that
- secures payment or performance of an obligation.
- Follow the connection:
- an obligation, a claim against the property, and possible enforcement
- if the obligation is not met.
- The lien is not the same thing as ownership or
- possession.
- A specific lien attaches to identified property.
- A general lien may reach a debtor's property within its
- lawful scope.
- Priority depends on the kind of lien and the governing
- rules, not a single rule for every situation.
- Quick check:
- is a lien itself the same as owning the property?
- No.
- It is a claim securing an obligation, with rights determined
- by the governing law.
- An owner can hold property that is also subject to
- someone else's claim or right.
- Encumbrance is the broader category for burdens or claims affecting
- property.
- Watch the category divide.
- A lien can secure a debt.
- An easement can give another person a limited use right.
- Both can affect the owner's property, but they do different
- jobs.
- A driveway easement is our example of a nonfinancial encumbrance.
- It allows the permitted use without automatically transferring ownership of
- the strip.
- Identify the actual right or restriction instead of assuming every
- encumbrance is a debt.
- Quick check:
- is every encumbrance a lien?
- No.
- A lien is one type of encumbrance.
- An easement is another.
- Look at this neighborhood as a map of permitted uses.
- Zoning divides land into districts and sets public rules for
- use and development.
- One district may allow homes.
- Another may allow commercial uses.
- Development standards can also control matters such as setbacks, height,
- or density.
- The actual ordinance supplies the details.
- Separate public rules from private restrictions.
- Zoning comes from government authority.
- Covenants, conditions, and restrictions are private controls.
- A variance is specific authorized relief, not an automatic change
- to the whole zoning district.
- Quick check:
- are setbacks commonly an example of zoning controls?
- Yes.
- Setbacks regulate development under public authority.
- Imagine an authorized government project acquiring private land for a
- public road.
- Eminent domain is the power behind that acquisition for public
- use, with just compensation.
- Follow the sequence from private property to the public-use taking
- and compensation.
- Condemnation is the legal process used to carry out that
- power.
- Compare this with ordinary land-use regulation.
- Zoning usually regulates use rather than acquiring title.
- Some regulations can raise a takings issue, but not every
- reduction in property value automatically requires compensation.
- Quick check:
- which power underlies acquiring private land for a public road?
- Eminent domain.
- Remember the power, the condemnation process, and the just-compensation requirement.
- At this meeting, ask one question first:
- whom does the agent represent?
- Agency is a relationship in which a principal authorizes an
- agent to act on the principal's behalf.
- Follow the authority from the principal to the agent.
- Duties arise from that relationship.
- Providing services to someone does not, by itself, mean that
- person is the represented client.
- Now separate representation from payment.
- A seller might pay a buyer broker's fee, but that
- payment alone does not make the seller the broker's client.
- Identify the relationship, the agreement, and the governing rules.
- Quick check:
- does the source of a fee alone determine the client?
- No.
- Representation depends on the agency relationship, not just who writes
- the check.
- An agent serving a principal occupies a position of trust.
- A fiduciary must act for another's benefit within that relationship.
- Build the duty set:
- loyalty, lawful obedience, disclosure, confidentiality, accounting, and reasonable
- care.
- These duties guide the agent's conduct, not just the paperwork.
- Notice the word lawful.
- A client's instruction to discriminate unlawfully is not an instruction
- the agent must obey.
- Confidentiality also does not justify hiding a fact that the
- law requires the agent to disclose.
- Quick check:
- must an agent follow an unlawful discriminatory instruction from a
- client?
- No.
- Obedience applies to lawful instructions.
- Duties operate together within the law.
- Two people may receive help in a transaction without having
- the same relationship with the brokerage.
- A client is represented through an agency relationship.
- A customer may receive services without that representation.
- Picture the agent representing the seller while showing the property
- to an unrepresented buyer.
- In this example, the seller is the client and the
- buyer is a customer.
- Customer does not mean no protection.
- Duties required by law still apply.
- The key is to distinguish representation from assistance, and to
- explain the actual relationship rather than let someone assume they
- are represented.
- Quick check:
- does answering a buyer's question automatically establish that the agent
- represents the buyer?
- No.
- Identify the agency relationship and governing rules; assistance alone does
- not settle the question.
- Before a buyer makes an offer, the owner may engage
- a brokerage through a listing agreement.
- This contract defines the brokerage's employment and specified services.
- Follow the connection from owner, through the listing contract, to
- brokerage.
- Read the duration, services, and compensation terms.
- Fees and services are negotiable.
- Keep the listing separate from the purchase contract.
- The listing establishes the brokerage engagement.
- A buyer's purchase contract establishes the sale terms.
- Different listing types also use different compensation triggers.
- Quick check:
- does signing a listing agreement itself transfer the owner's title
- to a buyer?
- No.
- The listing creates the brokerage engagement; it is not the
- deed conveying title.
- Follow the buyer's good-faith deposit.
- Earnest money is held and disbursed according to the purchase
- contract and applicable requirements.
- The deposit moves into proper custody.
- At closing it may be credited as the contract provides.
- Holding the money does not make it the broker's operating
- cash.
- Now imagine a transaction that does not close.
- Do not jump straight to giving the deposit to either
- party.
- The contract and lawful release procedures determine the outcome.
- Earnest money is also different from the consideration supporting the
- bargain.
- Quick check:
- does a buyer's default automatically authorize immediate payment of the
- deposit to the seller?
- No.
- Follow the contract and lawful disbursement requirements.
- A contingency is a contract condition affecting a party's obligation
- to complete a transaction.
- An inspection or financing condition is a familiar example.
- Trace three checkpoints:
- what condition must be satisfied, when action is due, and
- what notice is required.
- These details determine how the contingency operates.
- An inspection concern does not automatically cancel every contract or
- guarantee a deposit refund.
- The agreement may require a timely notice, allow a response,
- or provide other options.
- Read the particular clause instead of assuming one universal result.
- Quick check:
- where do you find the steps for exercising an inspection
- contingency?
- In the contract:
- its language, deadlines, and notice requirements.
- These words look similar but describe different legal situations.
- A void agreement has no legal effect as a contract.
- An unlawful purpose is one possible example.
- A voidable contract generally operates unless a legally protected party
- properly avoids it.
- That party may instead affirm it.
- The right depends on the recognized defect and applicable rules.
- Watch the difference:
- void means no effective contract; voidable means a protected party
- has a choice.
- It does not mean either party can leave whenever they
- want.
- Time limits and exceptions matter.
- Quick check:
- does voidable mean either party can always cancel for any
- reason?
- No.
- The relevant rule identifies the protected party and the right
- to avoid.
- Ask what is exchanged to create the obligation.
- In a bilateral contract, one promise is exchanged for another
- promise.
- A buyer promises to pay, and a seller promises to
- convey, on the agreed terms.
- In a unilateral contract, the offer asks for an act
- in exchange for a promise.
- Think of a reward offered for returning a lost item.
- The requested performance is the key to acceptance.
- Do not count the number of people or signatures to
- decide the category.
- Compare promise for promise with promise for performance.
- Rules about beginning performance and revocation can depend on the
- circumstances and governing law.
- Quick check:
- buyer and seller exchange promises to buy and sell.
- Which pattern is that?
- Bilateral.
- Each side makes a promise.
- The mortgage and the note do different jobs.
- A mortgage pledges real property as security for an obligation.
- The note documents the promise to repay.
- Follow the direction:
- the borrower is the mortgagor, giving the mortgage.
- The lender is the mortgagee, receiving the security interest.
- Keep those roles separate from the repayment promise.
- Do not assume identical title consequences in every state.
- Lien-theory and title-theory systems differ, and some transactions use a
- deed of trust.
- For this concept, focus on the security function.
- Quick check:
- which document ordinarily contains the promise to repay, the mortgage
- or the note?
- The note.
- The mortgage is the security instrument.
- Open the promissory note.
- This document records the borrower's promise to repay the loan.
- It states terms such as the amount owed, interest rate,
- and payment requirements.
- Place the note beside the mortgage or deed of trust.
- The note addresses the debt and repayment.
- The security instrument connects the obligation to property securing it.
- Reading one does not replace reading the other.
- The documents work together, but their functions are different.
- Match the exam question to the document's job instead of
- treating all loan paperwork as one instrument.
- Quick check:
- are the promise to repay and the pledge of property
- the same function?
- No.
- The note documents repayment; the security instrument provides the property
- security.
- Watch a typical fixed-rate, level-payment loan over time.
- Amortization means scheduled payments reduce the loan's principal balance while
- also paying interest.
- Our bars show illustrative payment proportions, not a specific loan
- quote.
- Early on, more of the payment goes to interest.
- As principal falls, the interest portion usually shrinks and the
- principal portion grows.
- A fully amortizing loan reaches a zero balance at maturity
- if paid as scheduled.
- A partially amortizing loan leaves a balance to be paid
- at the end.
- Do not assume every scheduled payment goes entirely toward principal.
- Quick check:
- does the entire payment ordinarily reduce principal?
- No.
- Payments generally include both principal and interest.
- Loan-to-value compares the loan amount with the property value used
- by the lender.
- Start with our example:
- a two hundred forty thousand dollar loan and a three
- hundred thousand dollar value.
- Divide loan by value:
- two hundred forty thousand divided by three hundred thousand equals
- zero point eight.
- Multiply by one hundred to express it as eighty percent.
- The blue portion shows the loan relative to that value.
- Use the value basis specified in the problem.
- In many purchase-loan settings the lender uses the lower of
- price or appraisal.
- Mortgage insurance rules depend on the loan program, not the
- ratio alone.
- Quick check:
- what is the loan-to-value ratio in this example?
- Eighty percent.
- Escrow places money or documents with a third party to
- be held until specified conditions are met.
- In a real estate transaction, the escrow holder follows the
- applicable instructions and requirements.
- Watch the funds enter custody, remain held while conditions are
- checked, and move only when release is authorized.
- Custody does not make the funds the holder's own money.
- The word also appears in mortgage servicing.
- A mortgage escrow account can collect amounts for property taxes
- and insurance.
- That ongoing account is a different use from holding transaction
- funds pending closing.
- Quick check:
- may an escrow holder treat the buyer's deposit as personal
- spending money?
- No.
- The holder must follow the applicable instructions and rules.
- Title is the ownership interest.
- A deed is the written instrument used to convey an
- interest in real property.
- The paper and the interest are related, but they are
- not the same thing.
- Follow the transfer from grantor to grantee.
- The grantor conveys; the grantee receives.
- Effective delivery and acceptance are central to the transfer.
- Recording concerns public notice and priority.
- It is not a substitute for every other requirement of
- a valid conveyance.
- Execution requirements and legal effects depend on the governing rules.
- Quick check:
- who receives the interest conveyed by the deed, the grantor
- or the grantee?
- The grantee.
- Remember:
- title is the interest; the deed is the instrument.
- An appraisal is a professionally developed opinion of value supported
- by analysis.
- It is not simply the seller's asking price or an
- unsupported guess.
- Follow the work:
- gather property facts, analyze relevant market evidence, and develop a
- supported value opinion.
- The assignment and property determine the appropriate analysis.
- A comparative market analysis from a real estate licensee can
- also discuss pricing, but it is not automatically an appraisal.
- The products have different purposes and requirements.
- A C M A is not a substitute where an
- appraisal is required.
- Quick check:
- does discussing value make every market analysis an appraisal?
- No.
- Identify the product, its purpose, and the applicable requirements.
- Capitalization rate connects annual net operating income with property value.
- For direct capitalization, value equals net operating income divided by
- the capitalization rate.
- Use our example:
- thirty thousand dollars of annual net operating income divided by
- zero point zero six equals five hundred thousand dollars.
- Convert six percent to a decimal before dividing.
- Hold income steady and raise the rate to eight percent.
- The indicated value falls to three hundred seventy-five thousand dollars.
- Also remember that net operating income is calculated before debt
- service; do not subtract mortgage payments to find it.
- Quick check:
- with the same income, does a higher cap rate produce
- a higher indicated value?
- No.
- A higher rate produces a lower indicated value when income
- stays the same.
- Proration divides an expense or income item between parties for
- their respective periods of responsibility.
- Start with a simple stated example:
- a three hundred dollar charge for a thirty-day period.
- The problem assigns ten days to the seller and twenty
- days to the buyer.
- Three hundred divided by thirty is ten dollars per day.
- The seller's share is one hundred dollars; the buyer's share
- is two hundred dollars.
- The allocation is only part of the closing entry.
- Whether the item was paid ahead or remains unpaid affects
- the debit and credit.
- Use the stated day-count basis and closing-day convention instead of
- assuming one universal method.
- Quick check:
- in this example, what is the seller's ten-day share?
- One hundred dollars.
- Ten days times ten dollars per day.
- Closing, or settlement, brings the transaction's documents, funds, and required
- conditions together.
- Think of coordinated steps, not merely a ceremonial handover of
- keys.
- The parties review and sign the required documents.
- Funds and conditions are checked.
- Authorized disbursement, conveyance, and recording occur through the applicable
- closing process.
- Their exact order can vary.
- Keep each document's role clear:
- the deed conveys an interest, the note promises repayment, and
- the security instrument secures the obligation.
- The Closing Disclosure reports final loan terms and costs for
- covered transactions; it does not itself convey title.
- Quick check:
- is the Closing Disclosure the deed transferring ownership?
- No.
- Different closing documents perform different functions.