1. Title to real property that is free from liens, encumbrances, or defects aside from those which the buyer has agreed to accept (mortgage to be assumed, ground lease of record, etc.)
2. Title to real property that is established, marketable, and without clouds.

An area where livestock owners are required to fence their animals in. Also known as fence-in jurisdiction.

1. Any document, actual or apparent claim, unreleased lien, or encumbrance which may impair, injure, or otherwise adversely affect the title to real property.
2. A state or condition of real estate title characterized by the existence of a defect or encumbrance which adversely affects the title and causes it to be unmarketable.

A state or condition of real estate title characterized by the existence of a defect or encumbrance which adversely affects the title and causes it to be unmarketable.

1. A set of facts, documents, or circumstances that give the appearance of title to real property, but are invalid or insufficient to legally show or prove title.
2. Something that on its face appears to be title, but is not actually title, nor does it show or prove title (as in a forged deed or other muniment of title).
Also known as "apparent title".

A zoning classification that allows non-manufacturing and retail business-related activities, such as stores, offices, gas stations, hotels, restaurants, and other services (laundromats, dry cleaners, machine and appliance repair, etc.)

The disclosure document issued by the Arizona Department of Real Estate (ADRE) which allows a developer or subdivider to sell lots within a platted, recorded subdivision. Also known less formally as the public report, this document is issued only after the extensive subdivision application has been approved and the subdivision has been physically inspected. A demonstration of a 100-year water supply may also be required.

To damage, destroy, abuse, or otherwise cause the value of property to be diminished, especially by one whose interest in the property is less than fee simple, such as a tenant, life tenant, mortgagor, or vendee.

Land or improvements designated for the use and benefit of all residents, property owners and tenants. Typically includes recreation areas such as workout facilities, gymnasiums, tennis courts, swimming pools, jacuzzis, saunas, etc.; any open land without structures is a common area, as are parking spaces and structures, roofs, lobbies and entrances, hallways, and the like.

A form of ownership of units of a larger building, such as apartments or condominiums. Under this form of title, owners of individual units form a company, with property title in the form of shares of the company. These shares allow owners to occupy a unit in the building. Company title is cumbersome and often does not clearly define who owns a particular unit, leading to inaccuracies and confusion. Company title has largely been replaced by strata title in most areas.

A judicial or administrative proceeding to exercise the power of eminent domain, which is the power of the government to take private property for public use.

A stipulation by the grantor of an estate in qualified fee subject to condition subsequent specifying that the grantee or his heirs may not commit certain acts with or on the real property in question, or use the property for certain purposes. If the condition is violated, the grantor may exercise the right of reentry and recover fee ownership (a process known as reversion).
For example, if the condition subsequent is that a historic structure may not be removed from the property, and the grantee removes it, the grantor has the right to reacquire full ownership of the property, with no compensation paid to the grantee.

Zoning regulations allowing land uses and activities not covered under other zoning classifications. Examples include detention centers and prisons, government buildings, sewer treatment facilities, cemetaries, churches, and landfills. Conditional zoning is often allowed through special-use permits, also known as conditional-use permits.

1. Permission from zoning authorities to deviate from existing zoning regulations. 2. Government authorization allowing land use that is currently not permitted within a specified zoning district, usually for the health and welfare of the community, such as a hospital in a residential zone.

An estate in real property consisting of an individual interest in an apartment or commercial unit, and an undivided common interest in the common areas such as the land, parking areas, elevators, stairways, and the like.

A condominium property regime (CPR) is a form of ownership of real property where the owner has title to a specific dwelling unit as well as an undivided interest in a proportion of the common areas as a tenant in common.

See also Title, Strata title, Company title, and Common areas.

1. An easement designed to preserve and protect open space or important natural areas.
2. A legal agreement between a landowner and either a land trust or government entity that restricts land use and development on a parcel of real property so as to preserve and protect its conservation and natural resource values.

The right to utilize real or personal property except as constrained by law; one of the bundle of rights.

A life estate that is intentionally and voluntarily created by an owner of real estate, either by deed if the owner is alive or through a will if he or she is deceased. The estate is conveyed to a life tenant, who holds the estate until his or her death. During the life of the life tenant, he or she enjoys all the rights and privileges of property ownership, except that he or she is prohibited from laying or committing waste to or upon the property (damaging the property or causing its value to diminish). A conventional life estate ends upon the death of the life tenant. Ownership of the property passes to another or reverts to the original owner or his heirs, depending on the provisions of the life estate.

If the conventional life estate is also an estate pur autre vie, the estate is held for the duration of the life of some other specified person rather than the life tenant.

A tenancy at will that was recorded in a court ownership roll. Copyholds were not, strictly spoken, inherited, but were customarily so. The landowner who would "admit" the heir to the lands of the decedent.

1. Real or personal property that is visible and has physical form, as opposed to intangible property such as rights or patents.
Same as tangible property.
2. Real property consisting of land, improvements to the land (tenements), and physical appurtenances such as sidewalks.

Curtesy is the legal right or interest (estate) a husband acquires in property owned by his wife at any time during the marriage.

Dower and curtesy are legal life estates that are created upon the death of a spouse who owned real estate. Dower is the life estate that a wife acquires in the real property of her deceased husband, while curtesy is the estate a husband holds in real property owned by his wife following her death. Dower and curtesy entitle the surviving spouse to a portion (usually one-third to one-half) of the interest in the real property owned by the deceased spouse, even if that property was willed to someone else. Dower and curtesy are forms of tenancy by the entirety, and are only used in states that practice that system of common law. Tenancy by the entirety is contrasted with another common law system used by other states, known as community property.

Note that in some states, curtesy refers to either a husband's or wife's interest in the property of the other.

A deceased person.

A written instrument by which a property owner (grantor) transfers to a grantee ownership of and title to real property.

That which can be voided, altered, challenged, undone, cancelled, defeated, or annulled, especially through operation of law.