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Land Terms

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100-year water supply updated

Requirement of Arizona's Departments of Water Resources (ADWR) and Real Estate (ADRE) that developers (subdividers) demonstrate that an assured or adequate water supply will be physically, legally, and continuously available for the next 100 years in new subdivisions. If the subdivision is located within one of ADWR's Active Management Areas (AMA), a public report will not be issued and lots may not be sold until an assured 100-year water supply is demonstrated. Outside of AMA's, developers are required to ask ADWR for an assessment of the availability of water. In these areas, lots may still be sold even if ADWR deems the water supply inadequate, as long as this information is disclosed to prospective buyers.

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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

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Abatement

A reduction or decrease in amount, degree, intensity or worth

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Abstract of title popular

10 out of 10 stars (2 votes)

A concise, summarized history of the title to a specific parcel of real property, together with a statement of all liens and encumbrances affecting the property. The abstract of title does not guarantee or assure the validity of the title of the property. It merely discloses those items about the property which are of public record, and thus does not reveal such things as encroachments, forgeries, and the like.

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Accelerated depreciation

A method of calculating the depreciation of certain property (that property which is used in a trade or business, or which is held for the production of income) at a faster rate than would be achieved from using the straight line method of depreciation

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Acceleration clause

A clause in a promissory note, agreement of sale, or mortgage which gives the lender the right to call all sums due and payable in advance of the fixed payment date upon the occurrence of a specified event, such as a sale, default, assignment or further encumbrance of the property

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Acceptance

The expression of the intention of the person receiving an offer (offeree, usually the seller) to be bound by the terms of the offer

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Access

A general or specific right of ingress and egress to a particular property

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Accession Number

One of the two types of codes used to uniquely identify a land patent (the other type of ID code is serial number). An accession number directly relates a document image to the original hardcopy document. It identifies the state, volume number and page number of the original GLO document (valid only for the 13 eastern public domain states, with the exception of Iowa).The format of accession numbers is SSVVVV__.PPP where SS is state code, VVVV is the volume number, and PPP is the page number. For example, LA3010__.023 identifies the document on the 23rd page of volume 301 for Louisiana.See also Accession/Serial Number.

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Acknowledgement

A formal declaration made before a duly authorized officer, usually a Notary Public, by a person who has signed a document.

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Acre popular

8 out of 10 stars (9 votes)

Area measurement (square measure) used primarily in the United States. One (1) acre is equal to 43,560 square feet, 4,046.86 square meters, or 0.4047 hectares.

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Active Management Area (AMA)

Administered by the Arizona Department of Water Resources (ADWR), the state's Active Management Areas (AMA's) were established to provide long-term management and conservation of limited groundwater supplies. The five (5) AMA's - Prescott, Phoenix, Pinal, Tucson, and Santa Cruz - cover the majority of Arizona's agricultural land and urban population centers that exist where groundwater supplies are extremely limited. Rules governing water use and land development in AMA's are generally more stringent and focused on conservation of water resources in than elsewhere in the state. Applications for new development and subdivisions are managed by ADWR's Office of Assured and Adequate Water Supply under the Assured Water Supply Program.

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Addendum

A supplement to any document that contains additional information pertinent to the subject.

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Adhesion contract

A contract which is very one-sided and favors the party who drafted the document

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Adjustment date

The date the interest rate changes on an adjustable rate mortgage.

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Adverse possession

7 out of 10 stars (4 votes)

The acquiring of title to real property owned by someone else, by means of open, notorious and continuous possession for the statutory period of time (varies by state).

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Aesthetic zoning

1. Zoning ordinances that specify certain types of architecture to encourage pleasing or beautiful building appearances. 2. Zoning ordinances that regulate uniformity of architecture, so that new construction is similar to and in scale with existing structures.

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Affidavit

A sworn statement reduced to writing and made under oath before a Notary Public or other official authorized by law to administer an oath

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Agency

A relationship created when one person, the principal delegates to another, the agent the right to act on the principal's behalf in business transactions and to exercise some degree of discretion while so acting. An agency gives rise to a fiduciary relationship and imposes on the agent, as the fiduciary of the principal, certain duties, obligations and high standards of good faith and loyalty.

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Agent

One who is authorized to represent and to act on behalf of another person (called the principal). A real estate broker is the agent of his client, be it the seller or buyer, to whom he owes a fiduciary obligation. A salesman is the agent of his broker and does not have a direct personal contractual relationship with either the seller or buyer.

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Agreement of sale

An agreement between the seller (vendor) and buyer (vendee) for the purchase of real property

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Agricultural protection zoning popular

Zoning policies intended to protect farmland and farming activities from incompatible nonfarm uses, such as residential and commercial development. Agricultural protection zoning, aslo referred to as agricultural zoning, can specify many factors, such as preferred land use, minimum size of farm or the number of nonfarm or residential dwellings allowed. Agricultural zoning is usually based on historic land use, soil properties, and location and allows activities such as orchards, farms, ranching, or timber production.

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Agricultural zoning popular

Zoning policies intended to protect farmland and farming activities from incompatible nonfarm uses, such as residential and commercial development. Agricultural zoning, aslo referred to as agricultural protection zoning, can specify many factors, such as preferred land use, minimum size of farm or the number of nonfarm or residential dwellings allowed. Agricultural zoning is usually based on historic land use, soil properties, and location and allows activities such as orchards, farms, ranching, or timber production.

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Aliquot Parts

A notation used by rectangular survey system to represent the exact subdivision of a section of land.

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Allodial system

Title to real property that is free of encumbrances and obligations, including taxation. It denotes absolute or supreme ownership. Strictly defined, allodial title is not subject to county, state, or federal codes, ordinances, or zoning regulations ("police power"), nor can it be taken through legal or regulatory means ("inalienable"). In practical use, title in the United States is often said to be allodial (as opposed to feudal), even though it does not meet all of the qualifications listed above.

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