Real Estate Terminology

What is a Bargain and Sale Deed? Normally, a bargain and sale deed consists of the granting clause, habendum clause, and covenant of seisin. However, in the bargain and sale deed, the grantor does not covenant or warrant to defend the title against any future claims or attacks on the title. The [...]

What are the 4 Types of Statutory Deeds? There are 4 types of statutory deeds: Quitclaim deed Bargain and sale deed Special warranty deed General warranty deed These deeds are called statutory deeds because the law provides for a short form of deed in which the covenants or warranties mentioned [...]

What is the Habendum Clause? The habendum clause, so named because in medieval times it began with the Latin phrase habendum et tenendum ("to have and to hold"), limited the estate or tenancy being conveyed. Today, the habendum clause starts with the words "to have and to hold." Usually, the word "forever" follows [...]

What are the Elements of a Deed? The formats of deeds may differ, as long as the intent to convey title is clearly expressed. Certain elements must be present in a deed to spell out clearly the necessary intent and the property to which it applies. Remember "CEDDING" for the [...]

What is Abstract of Title? An abstract of title is a summary report of what the title search found in the public record. The person who prepares this report is called an abstractor. The abstractor searches the public records and then prepares a condensed history of the various events and proceedings that [...]

What is a Title Search? A title search is an examination of all the public records to determine whether any defects exist in the chain of title. Recorded instruments such as deeds, divorce decrees, wills, and mortgages are included. In actual practice, the search does not go all the way back in [...]