Specific words used in property and home loan agreements


Abstract of title

A summary listing of the documents registered in the local land registry office and which affect title (ownership) of a particular property.

Abut

Adjoin or share a common boundary or share even a small portion of a boundary.

Acceleration clause

A clause in a mortgage or loan, if the borrower falls to live up to her obligations under the mortgage, the lender has the legal right to demand that the full principal of the mortgage may become due and payable immediately upon the failure.

Acceptance

A positive response to an offer or a counter-offer that creates a binding agreement between the parties. Acceptance may be conditional upon the occurrence of certain events.

Access

The right to enter a property. Access may be restricted to certain times, to certain persons and to certain purposes (i.e. access for the purpose of inspection)

Accessibility

The ease with which one can reach a certain place, person or thing. A properly may be inaccessible because it is located far back along an unpaved road, which can get washed away or flooded dung the rainy season. A property may also be said to have good accessibility to highways, shopping, school etc.

Accessory building

A structure on a property that serves a specific purpose, complementing the home or main building like a garage or storage shed.

Accrued interest

Interest which has already been earned but has not yet been paid.

Accrued depreciation

From a tax standpoint, the amount of value of a properly or chattel which has already accumulated (but has not been claimed) as a result of the decrease in the value of that property due to the passage of time and the use of the property.

Acquisition

The process of taking title to or ownership of something.

Acquisition cost

The cost to the purchase of obtaining title to anything, including real property. Acquisition cost includes the cost of the transaction of obtaining title, including legal fees and mortgages, land transfer tax, etc.

Actual age

As opposed to effective age. The objective age in years of a building measured simply by the passage of time since it was constructed. Effective age is a subjective measurement of the condition of a building, influenced mostly by the maintenance and upkeep carried out on the building over the years.

Actual possession

As opposed to constructive possession. When the owner of a property occupies the property on a day-to-day basis. Constructive possession is when the owner takes actions to establish and maintain his ownership of a property  without actually occupying it himself (i.e. leasing it to tenants, removing squatters, hiring a security firm).

Addendum

An addition to a document that forms part of it. Similar to a schedule to an agreement of purchase and sale. May be used to add specific and detailed information material to the contract or upon which contractual terms are based.

Additional principal payment

A one-time or lump-sum payment made by a borrower in addition to the regular payments on a loan or mortgage which reduces the principal owing on the debt.

Adjacent land

An inexact term used to describe any property which is situated near or abutting a certain piece of property. Note, an abutting property will always be adjacent but an adjacent property may not be abutting.

Aesthetic value

A subjective element in the overall market value of a property created by the physical presentation of the land or buildings.

Agent


A person empowered by a principal to act on behalf of the principal in dealings with third parties. The third party is entitled to rely upon the agreement, assurances or statements of the agent as being binding on the principal.