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Title glossary

70 title terms in plain English. Search, or jump to a letter.

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A

Abstract of title: A summary of the recorded documents affecting a property's title. Title and ownership
Action to quiet title: A lawsuit to settle competing claims and establish clear title in one party. Foreclosure and disputes
Appurtenance: A right that belongs to the land and passes with title, such as an easement over a neighbor's lot. Property rights

C

CC&Rs: Recorded covenants, conditions and restrictions binding the property, often enforced by an HOA. Property rights
Certification of trust: A signed, notarized summary of a trust's key terms that third parties can rely on instead of the full trust. Deeds and documents
Chain of title: The chronological list of owners and the recorded documents that passed title between them. Title and ownership
Cloud on title: Any unresolved claim that affects the owner's title or its marketability. Title and ownership
Community property: Property acquired during marriage, presumed owned equally by both spouses regardless of whose name is on title. Title and ownership
Constructive notice: The legal rule that everyone is deemed to know what's in the public record once a document is recorded. The title process

D

Date down: Updating the title search from the prelim's date to closing or recording. The title process
Deed in lieu of foreclosure: A deed from a borrower to the lender to avoid foreclosure; it doesn't wipe out junior liens. Foreclosure and disputes
Deed of trust: California's usual loan security document: the borrower conveys to a trustee for the lender, with a power of sale. Deeds and documents
Devise / devisee: Leaving real property by will / the person who receives it. Trusts, estates and entities

E

Endorsement: An add-on to a policy that changes or extends its coverage. The title process
Escheat: Title passing to the state when an owner dies with no heirs. Trusts, estates and entities
Escrow: A neutral third party holding documents and funds until every condition of the transaction is met. The title process
Estoppel certificate or affidavit: A signed statement of facts the signer agrees to be bound by. Deeds and documents
Exception: An item a title policy specifically doesn't insure. The title process

F

Fee simple: The most complete form of ownership. Title and ownership

G

General lien vs. specific lien: A general lien, like a judgment, attaches to all the debtor's property in the county; a specific lien, like a deed of trust, attaches to one property. Liens and loans
Grant deed: California's standard deed, which carries implied promises that the seller hasn't already conveyed or encumbered the property except as disclosed. Deeds and documents
Grantor / grantee index: The recorder's alphabetical index of the parties to every recorded transfer. The title process

H

Hard money loan: A loan from a private or non-institutional lender. Liens and loans
Heir: A person entitled by law to inherit when someone dies without a will. Title and ownership
HELOC: A revolving home equity line of credit. Liens and loans

I

Insurable title: Title a title insurer is willing to insure, even if it isn't perfect. Title and ownership

J

Joint tenancy: Co-ownership with right of survivorship. Title and ownership
Judgment lien: A lien from a recorded abstract of judgment against all the debtor's property in that county. Liens and loans
Judicial foreclosure: Foreclosure through a court lawsuit, rather than a trustee's sale. Foreclosure and disputes
Junior lien: A lien behind at least one other lien in priority. Liens and loans

L

Legal description: The description that identifies the land precisely, such as lot and tract, parcel map, or metes and bounds. Deeds and documents
Life estate: The right to use property for someone's lifetime, after which it passes to someone else or returns to the grantor. Title and ownership
Lis pendens: A recorded notice of a pending lawsuit that may affect title. Liens and loans

M

Marketable title: Title free enough of defects that a reasonable buyer would accept it. Title and ownership
Mechanic's lien: A lien for unpaid labor or materials that improved the property. Liens and loans
Mello-Roos: A special tax levied by a community facilities district, shown by a recorded notice and on the tax bill. Liens and loans
Member-managed vs. manager-managed: In a member-managed LLC the members run it and sign; in a manager-managed LLC only the managers or officers they appoint can bind it. Trusts, estates and entities
MERS: Mortgage Electronic Registration Systems, a nominee beneficiary on many deeds of trust. Liens and loans
Metes and bounds: A legal description that starts at a known point and follows bearings and distances around the parcel. Deeds and documents
Muniments of title: The documents that prove an owner's title. Title and ownership

O

OFAC: The Treasury office that keeps the federal sanctions list. Fraud and compliance
Offer of dedication: An owner's offer of land or an easement for public use, which may be accepted later by recorded resolution. Property rights

P

PACE / HERO: Property-assessed clean energy financing, collected with property taxes. Liens and loans
Partition: A court-ordered division of co-owned property, either physically or by sale. Foreclosure and disputes
Patent: The original transfer of land from the government into private ownership. Property rights
PCOR: Preliminary Change of Ownership Report, filed with a deed so the assessor can evaluate reassessment. The title process
Pour-over will: A will leaving the rest of the estate to the person's living trust; property still in the person's name goes through probate first. Trusts, estates and entities
Power of sale: The clause in a deed of trust allowing a trustee's sale without going to court. Foreclosure and disputes
Preliminary report (prelim): The title company's report, before a policy issues, of the vesting, exceptions and requirements it would use; not a commitment to insure. The title process

Q

Quitclaim deed: A deed releasing whatever interest the grantor has, with no warranties. Deeds and documents

R

Reconveyance: The trustee's release of a deed of trust once the loan is paid. Deeds and documents
Recording: Entering a document in the county's public records, which gives constructive notice. The title process
Right of survivorship: A surviving joint tenant's right to take the deceased joint tenant's share automatically. Title and ownership

S

Seller impersonation [verify]: When someone pretends to be a property owner in order to sell the property. Fraud and compliance
Sheriff's deed: The deed given after a court-ordered execution sale. Deeds and documents
Special assessment: A charge levied on specific properties to pay for local improvements. Liens and loans
Standard vs. extended coverage: Standard coverage leaves out off-record matters such as survey and possession; extended coverage removes those exceptions and may need an inspection or survey. The title process
Statement of Information: The form owners and buyers fill out so title can rule out liens against people with similar names. The title process
Subordination: Placing one lien behind another in priority, by agreement. Liens and loans
Substitution of trustee: A recorded document replacing the trustee under a deed of trust. Deeds and documents
Successor trustee: The person or institution named in a trust to take over when the current trustee dies, resigns or becomes incapacitated. Trusts, estates and entities

T

Tax deed: The deed given when the county sells tax-defaulted property. Deeds and documents
Tenancy in common: Co-ownership in stated shares, with no right of survivorship; each share passes by will or inheritance. Title and ownership
Title plant: A title company's indexed copy of the public records, used for searches. The title process
Transfer on death deed: A revocable deed that passes property at the owner's death without probate. Deeds and documents
Trust extract: The excerpt package given to third parties, without the distribution provisions. Trusts, estates and entities

U

Unrecorded instrument: A document affecting title that was never recorded, so it doesn't give constructive notice. The title process

V

Vesting [verify]: How title is held and in whose name. Title and ownership
Voluntary vs. involuntary lien: A lien the owner agreed to, like a deed of trust, vs. one imposed without consent, like a judgment or tax lien. Liens and loans

W

Williamson Act contract: A recorded agricultural preserve contract that limits land use in exchange for lower property taxes. Property rights

General definitions, not legal advice. For anything about a specific property, ask your title officer.