Language of Real Estate

Foreclosure vs. Forfeiture

Foreclosure vs. Forfeiture A foreclosure action extinguishes any claim the mortgagor may have to the real property securing a defaulted loan, whereas a forfeiture refers generally to the loss of a right to something as a result of nonperformance of an obligation or...

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Quiet enjoyment vs. Quiet title

Quiet enjoyment vs. Quiet title Quiet enjoyment is the right to uninterrupted use of the property, whereas quiet title is the name of a legal action to prove valid title to real property. Quiet enjoyment -- The right of an owner or lessee legally in possession of...

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Covenants vs. Conditions

Covenants vs. Conditions A covenant is a promise to do something (as in a covenant of quiet enjoyment in a deed), whereas a condition is a contingency that must be met, otherwise a particular property right could be gained or lost. A covenant is an agreement or...

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Adverse possession vs. Trespass

Adverse possession vs. Trespass Adverse possession is the acquiring of title to real property owned by someone else by means of open, notorious, hostile and continuous possession for a statutory period of time; whereas trespass is any wrongful, unauthorized invasion...

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Using the Right Word

Mark Twain once said: The difference between the right word and the almost right word is the  difference between lightning and a lightning bug. Here's a few words we commonly see misused in real estate parlance: Selling agent vs. Seller's agent -- The selling agent...

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