Vocab Words Flashcards
Abandonment
The owner of a property gives up their rights and interest in the property, usually with the intent to terminate their ownership.
what it includes:
To be legally abandoned, the owner must clearly show that they intentionally and knowingly gave up their rights to the property.
Abrogation
Tenants cannot sign away their rights in advance of signing the lease.
Abstract of title
A chronological record of a property’s legal history, including all the legal documents and transactions associated with it.
What it includes:
A property’s abstract of title includes every legal action, deed, mortgage, tax sale, title transfer, and encumbrance. It also lists the property’s previous owners and any liens against it.
When it’s used:
An abstract of title is typically used to determine if a property has any claims against it before making an offer. It can also be used to ensure that everything is in order with the property before closing on it.
Who creates it:
Lawyers usually created abstracts of title when a property was being sold to prove the seller’s title.
Abutting
two pieces of land that touch or share a border. They are right next to each other. This is important for property boundaries and zoning rules.
Accelerated depreciation
A way to write off the value of income property faster for tax purposes.
This method reduces taxes sooner compared to the straight-line method, which spreads the value loss evenly over time.
If the property is sold for a profit, the extra depreciation might be taxed as regular income.
This is important for managing taxes on investment properties.
Acceleration clause
A part of a mortgage or loan agreement. If the borrower defaults (fails to pay) the entire loan amount, the lender can demand the full amount of the loan, including interest, to be paid immediately. This protects lenders if payments are missed.
Accretion
The natural addition of land when sand or soil is deposited by a river, lake, or sea. This process increases the size of the property over time. It’s important for properties near water.
Accrued depreciation
The decrease in a property’s value over time. It’s the difference between what it would cost to replace the property today and its current market value. This shows how much the property has lost in value since it was new.
Acknowledgment
A statement made by a person to a notary public or other authorized official. The person declares that they signed a document willingly and voluntarily. This is important for verifying the authenticity of documents like deeds or contracts.
Act
The Real Estate License Act of 2000. It is the law that governs real estate practices in Illinois, setting rules for licensing, conduct, and operations for real estate professionals.
Actual eviction
The legal process where a landlord (lessor) removes a tenant from a rental property because the tenant has failed to meet the terms of the lease. This happens after a court order and involves physically removing the tenant from the property.
Actual notice
A person knows about something because they were directly told or have clear information about it. As opposed to just hearing about it indirectly.
Adjustable-rate mortgage
A loan where the interest rate changes after a set period. The rate can go up or down, but there are limits (caps) on how much it can change at each adjustment. This type of mortgage can result in lower initial payments, but payments may increase over time.
Administrator
A person chosen by the county court to manage and settle the estate of someone who died without a will. They manage the deceased’s property, pay debts, and distribute assets according to state law.
Ad valorem tax
A tax based on the value of property. It is commonly used to refer to real estate taxes, also known as general taxes, where the amount of tax is determined by how much the property is worth.
Adverse possession
Allows someone to gain ownership of land if they openly occupy it for a certain period (usually several years) without the real owner’s permission. The occupation must be continuous, visible, and hostile to the owner’s rights. If these conditions are met, the occupant can claim legal ownership.
Affidavit
A written statement that someone signs and swears is true in front of an official, like a notary public. It is used to provide evidence or confirm facts in legal matters.
Agency
A relationship where a broker or licensee represents a consumer in a property transaction. The consumer gives consent, either directly or indirectly, to the broker or licensee to act on their behalf. This can be in writing or understood through actions.
Agent
A person who represents or acts on behalf of another person, known as the principal. The agent’s authority can be given directly or implied through actions. For example, when a property owner signs a listing or management contract, they make a real estate broker their agent to handle the property.
Agreement of sale
A written contract where the buyer agrees to purchase a property, and the seller agrees to sell it, based on the terms and conditions outlined in the agreement.
Air lot
A specific area of space above a piece of land. Just like land on the ground, air lots can be bought, sold, or transferred. Air rights are also known as Transferable Development Rights (TDRs).
Air rights
The right to use the space above a property. This allows the landowner to use or sell the space above, often for building or other uses, while the land below can be used for something else..
Alienation
the act of transferring property to someone else. This can be voluntary, like selling or gifting the property, or involuntary, like through government action (eminent domain) or adverse possession.
Alienation clause
A part of a mortgage or deed of trust that says the full loan balance must be paid immediately if the property is sold. It stops the borrower from transferring the debt to someone else without the lender’s approval.