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abstract:
summary or abridgement of a record
abstract of title:
history of title to a piece of property
alien: to transfer lands to another
arpent:
an old French land measure of varying value, equal to .84 acres; also a
linear measure equal to approximately 11.5 rods
assignee/assigns: land warrants could be transferred to other private
parties or land speculators who then became the "assignee" of the
warrant.
base line:
the east/west line used for surveying within the public domain
bequest: land
bequeathed in a will / probate
bond
for deed:
security that land would be paid for at some time in the future -
someone close to the buyer would act as bondsman. If the land was
not paid for he could have to pay the amount designated for the default.
bounty land:
public land awarded to soldiers for military service
chain:
(survey) 66 feet; 10 square chains = 1 acre; 16 square poles = 1
square chain
chattel:
movable personal property as opposed to real property
consideration: the
money (or something else) used to purchase land (for and in
consideration of the sum of 100 dollars in hand paid)
cutesy:
life estate (usually 1/3 interest) husband has in property which is
independently owned by his wife, provided they had at least one child
born alive; similar to dower rights for women
deed:
a written document which conveys property
deed of partition:
property deeded by those holding jointly
deed
poll: a deed
only written by one party
deed of trust:
a deed which conveys an equitable right or interest in property distinct
from legal ownership thereof; also a property interest held by one
person for the benefit of another
distraint:
seizure of property for unpaid debts or to force an appearance in court
dower: that portion of, or interest in, real estate of a deceased
husband which the law provided
for
a widow
dower right:
the right of a widow to receive a portion or interest (normally 1/3)
in her deceased husband's property - when it involves land it is usually
referred to as the dower division. Commissioners examined the
property and divided off the widow's third. [example
p. 1 example p. 2]
eminent domain:
(law) that superior dominion of the sovereign power over property
within the state, which authorizes it to appropriate all or any part
thereof for necessary public use, reasonable
compensation
being made
entry: filing
the intent for warrant or patent
entryman:
legal claimant for a Federal Land Grant
escheat:
Reversion of property title to the state, country, or lord of the manor
when there are no legal heirs to inherit
et. al.
:
"and others"
et. ux.
:
"and wife or spouse"
feme
covert: a
married woman
fieri
facias: common
law when a debtor can't pay a debt; sheriff could sell the property to
satisfy same
freehold:
a tenure of real property by which an estate of inheritance or for life
is held; or the estate itself
freeholder:
owner of enough property to vote, serve on a jury and hold public office
(colonial)
grant:
property bestowed formally, as a privilege; make conveyance of; give
the possession or title of, especially by deed or formal writing; a
thing of property gifted, especially a tract of land from the governing
body.
grantee:
one to whom a grant or deed is made
grantee: grantor index - index to deed books
arranged by the buyer's name
grantor:
the person by whom a grant or conveyance is made; the seller
grantor : grantee index - index to deed books arranged by
the seller's surname
headright:
specific number of acres (usually 50 acres) for importing oneself or an
immigrant into the state/province. Most
were granted in colonial Virginia.
homestead:
1. place of residence (home) and small piece of land (usually one to
five acres) reserved by law from creditors to insure family is not
rendered destitute
2. 160 acres required from the U.S. government under the Homestead Act
of 1862
indenture:
a deed or agreement in writing, usually in duplicate, the parts
originally being notched or cut so as to correspond; also might be a
contract in which an apprentice is bound to a master.
in fee simple:
an absolute inheritance; a fee without any limitations
in fee tail:
an estate of inheritance limited to a class of heirs
intestate:
without having made a valid will; a person whose property has not been
disposed of by a will
jointure:
property given to a prospective wife that would remain hers after her
husband's death
land warrant:
a negotiable government certificate entitling holder to be in possession
of a designated amount of public land or other appropriation by the U.S.
Congress
lieu : place; instead; used most often as "in lieu of" (instead of)
lis pendens:
court action pending. Usually applies to land title claims
master
title plat:
the plat or survey of the new states records which show data to identify
and describe land in the Public Domain and detailing any limit or
restriction of usage
metes & bounds:
property described by natural boundary markers like "meanderings of the
creek," "near the knob of the hill," "adjoining Thomas
Covinton's south line" rather than township or range.
military reserve:
tract of land set aside within specific state boundaries where military
bounty lands were given
moiety: one of
equal parts; a share or portion
more or
less :
frequently used in deeds "125 acres more or less" which gave wiggle room
patent: an instrument in writing making a grant or
conveyance of property in the Public Domain or by the colony - indicated
the grant was paid for or met all requirements
plat of survey:
a drawing showing boundaries, divisions, and other features
poles:
(survey) 1 square pole = 625 square links; 16 square poles = 1 square
chain
preemption rights:
right of squatters to first right to buy when lands became available for
sale
principal meridian:
a true north - and - south line running through an initial point
proprietor:
Those to whom a grant of land was given in common for settlement
- the king; a governing person;
Public Domain:
Land owned by the federal government
quitclaim:
a deed conveying the interest of the grantor at that time; in many
states, more than a release, used as a simple conveyance for making a
grant of land
quitrent:
(law) a fixed rent payable in commutation of certain feudal services;
fixed rent due from a tenant - usually a small amount of money or
sometimes something from the harvest
range:
a tier of townships running vertical or north/south; often abbreviated
as "R" in land descriptions
rectangular survey:
measure based on principle meridian and base line used in Public Domain
section:
(survey) 640 acres or one square mile area
survey plat:
a map on which land surveys are recorded at a scale of two inches to the
mile; each plat usually shows one township [
example]
township: 1.
(survey) 36 square miles in the Public Domain; usually abbreviated as
"twp."; 2.
in New England a local unit of government; an area
tract book:
log which is an index to and digest of all essential actions which
affect public lands - sometimes called a warrant register [example]
vara :
a Spanish or Portuguese term of measurement; varies in length from
32-43 inches in different localities; in Texas it's equal to
33.33 inches
warranty deed:
one which includes a covenant by the seller to defend the title and
possession of the estate originally granted |
