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IMPUTED INTEREST Interest implied by the federal tax law. COMMON ELEMENTS Parts of the property which are necessary or convenient to the existence, maintenance and safety of the condominium, or are normally in common use by all of the condominium residents. EMINENT DOMAIN The right of government, both state and federal, to take private property for a necessary public use, with just compensation paid to the owner. PROSPECTUS A printed statement distributed to describe, advertise and give advance information on a business, venture, project or stock issue. ABANDONMENT The voluntary surrender or relinquishment of possession of real property with the intention of terminating one's possession or interest, but without vesting this interest in any other person. PRESCRIPTION The acquiring of a right in property, usually in the form of an intangible property right such as an easement or right-of-way, by means of adverse use of property that is continuous and uninterrupted for the prescriptive period. PROPERTY MANAGEMENT That aspect of real estate devoted to the leasing, managing, marketing and overall maintenance of the property of others. BONA FIDE In good faith. OPERATING EXPENSES Those periodic and necessary expenses which are essential to the continuous operation and maintenance of a property. SECOND MORTGAGE An additional mortgage placed on a property that has rights that are subordinate to the first mortgage. HUD Housing and Urban Development. A U.S. government agency established to implement federal housing and community development programs; oversees the Federal Housing Administration. ORIGINATION FEE Fee charged by a lender to cover administrative costs of processing a loan. CLUSTER DEVELOPMENT The grouping of housing units on less than normal size homesites, with the remaining land being devoted to common areas. COMMON LAW That body of law which is based on usage, general acceptance, and custom, as manifested in decrees and judgments of the courts; judge-made law, as opposed to codified or statutory law. SUBJECT TO MORTGAGE A grantee taking title to real property "subject to mortgage" is not personally liable to the mortgagee for payment of the mortgage note. In the event the grantor-mortgagor defaults in paying the note, the grantee could, however, lose property, and thus his equity, in a foreclosure sale. PARCEL A specific portion of a larger tract; a lot. IMPROVEMENTS Valuable additions made to property, amounting to more than repairs, costing labor and capital and intended to enhance the value of the property. Improvements of land would include grading, sidewalks, sewers, streets, utilities, etc. Improvements on land would include buildings, fences, and the like. CAPITALIZATION A mathematical process for converting net income into an indication of value, commonly used in the income approach to appraisal. GARNISHMENT A legal process designed to provide a means for creditors to safeguard for themselves the personal property of a debtor which is in the hands of a third party ("garnishee"). JOINT AND SEVERAL LIABILITY A situation in which more than one party is liable to repay a debt or obligation and a creditor can obtain compensation from one or more parties, either individually or jointly, whichever he chooses. ZONING ORDINANCES (OR ZONING REGULATIONS) Local law establishing building codes and usage regulations for properties in a specified area. JOINT TENANCY A form of ownership of property giving each person equal interest in the property, including rights of survivorship. FIXTURE An article which was once personal property but has been so affixed to the real estate that it has become real property (e.g. stoves, bookcases, plumbing, etc.). If determined to be a fixture, then the article passes with the property even though it is not mentioned in the deed. |
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