A statement in a deed beginning with the words “to have and to hold” that describes the estate granted.
A summary of key legal points determined in a court of appeals, appearing just above the decision in published case reports.
An archaic term, still found in some wills and deeds, for any kind of property that can be inherited.
A company, most often a corporation, that has been created expressly to own the stock of other corporations, thereby controlling the management and policies of all held stocks.
A tenant who remains in possession of a property after the termination of a lease.
A will that has been handwritten, dated and signed by a testator, the person making the will, but which has not been signed by the required witnesses. Many states accept a will of this nature as legally binding, even without witnesses.
A term, used informally by lawyers, for a fundamental, well-accepted legal doctrine that requires no further explanation, taken from “hornbook,” a primer on basics.
The principal dwelling of a family, as legally declared in writing by the head of the household and recorded with the County Recorder or Recorder of Deeds. Although the law varies from state to state, a declared and recorded homestead is exempt from taxes on part of its value.
The occupation of a property combined with a claim of ownership, either explicitly declared or implied by actions such as building a fence on the property, over any other possible owner, including the holder of the title. This tactic is sometimes used in an attempt to gain the property title through adverse possession or to claim property that has no known owner.
Housing Expense Ratio
Also called the “top ratio,” the relationship between a borrower’s monthly payment on housing, including the principal and interest on the loan, property taxes, insurance, and all other applicable housing expenses, divided by the borrower’s gross monthly income, expressed as a percentage.
A property that has been pledged as security for a debt that does not require the owner to forfeit possession.