Title Definitions

ABSOLUTE OWNERSHIP

The theory that minerals such as oil and gas are fully owned in place before they are extracted and reduced to possession.

ABSTRACT OF TITLE

A condensed history or summary of all transactions affecting a particular tract of land.

ACCRETION

The imperceptible and gradual addition to land by the slow action of water.

ACKNOWLEDGEMENT

Act of person going before a notary public or other authorized official, executing an instrument and declaring it to be his voluntary act.

ADMINISTRATOR (MAN)

One who has been appointed by the appropriate court to administer the estate of a person who has died without a will (intestate).

ADMINISTRATRIX (WOMAN)

One who has been appointed by the appropriate court to administer the estate of a person who has died without a will (intestate).

ADVERSE POSSESSION

The open and notorious possession and occupation of real property under an evident claim of title.

AFFIANT

Person making an affidavit.

AFFIDAVIT

A sworn statement in writing, under oath, taken before a notary public or other officer authorized to administer oaths to authenticate a fact or action.

AFFIRMATION

A declaration of truth used by person who objects on religious grounds to the “sworn to” part of an oath. The jurat of an affidavit would read “Subscribed and affirmed” instead of “Subscribed and sworn to…”

AFTER ACQUIRED TITLE

Doctrine by which the title of real estate, previously unsuccessfully transferred because of lack of possession by grantor, automatically passes to the buyer upon acquisition by the grantor and is based on the acquisition of title by estoppel.

AGENT

One who acts for, or in place of another, by authority of another.

APPURTENANCE

“A right or privilege that is a part of the ownership of property, such as a right of way to a highway across the land of another. Water rights are also an example.”

ASSIGNEE

A person, corporation, or entity to whom an agreement or contract is assigned.

ASSIGNMENT

A transfer for consideration of one’s estate, right, title, or interest which he might have in real property to another party.

ASSIGNOR

A person, corporation, or entity to who assigns an estate, right, title or interest in real property to another party.

ATTEST

To verify or witness.

ATTORNEY-IN-FACT

An attorney-in-fact is a person who is authorized to act on behalf of another person, usually to perform business or other official transactions.

AVULSION

Land accretion that occurs by the erosion or addition of one’s land by the sudden and unexpected change in a river stream such as a flash flood.

BENEFICIARY

One who is to receive benefits from actions of another. The beneficiary of a trust is the principal for whom the Trust was set up and is the receiver of the benefits of the trust.

BEQUEATH

To make a gift of personal property by means of a will.

BLANKET CONVEYANCE

A conveyance that has a broad description. It is not limited to a specific property or amount of interest.

CERTIFIED COPY

A copy made from records in a recorder’s office or county clerk’s office, certified to by the recorder or county clerk as being the exact copy of the paper on file or of record.

CHAIN OF TITLE

A chronological list of all records, conveyances, mortgages, and court actions which show the condition of a tract of land.

CLOUD ON TITLE

A defect in the title of real property arising from an instrument or court order purporting to create an interest in the property or a judgement or lien affecting the property.

COMMON LAW

A system of law based on court decisions, or judicial precedent, rather than on legislated statutes or executive decree.

COMMUNITY PROPERTY

Property, usually acquired during a marriage, belonging to both husband and wife equally. (Texas is a community Property state)

CONSTRUCTION

In contract law, the interpretation given by a court of competent jurisdiction.

CONTRACT

A written agreement that can be enforced by law, listing the terms under which the acts required are performed.

CONVERTIBLE INTEREST

An interest which is convertible into an interest of another kind.

CONVEY

To transfer title to property from one party to another, usually by a written instrument.

CONVEYANCE

The means by which title to real property is transferred.

CORRECTION DEED

“A legal document used to correct a deed that has already been recorded with the municipality.”

COTENANTS

Persons who hold interests, under a title or lease, in the same piece of land. Also called tenants in common.

CURATIVE

The process that clears a title or straightens out any defects in the title chain.

CURSORY EXAMINATION

A quick check as opposed to a detailed check.

CURTESY

The interest a husband has in real property belonging to his wife.

DECEDENT

A person who has died.

DEDICATION

An appropriation of land to some public use, made by the owner, and accepted for such use by or on behalf of the public.

DEED

An instrument in writing and sealed, conveying an interest in real property.

DEED OF TRUST

Sometimes called a Trust Deed. It is the instrument which conveys subject property to a Trustee to be held as security for the debt named therein.

DEFAULT

A failure to abide by the terms of a contract such as mortgage.

DEFECTS IN TITLE

Items which are or appear to be problematic with respect to having a clear title. Clear title would be a title with no questions or encumbrances as relating to ownership.

DESCENT AND DISTRIBUTION

Refers to methods of passing and distributing property of an intestate decedent to the rightful heirs of the decedent as prescribed by the laws of the state.

DEVISE

Disposition of land or property by the Last Will and Testament.

DEVISEE

One who receives anything under a will.

DISCLAIMER

The disavowal or denial by a person of an interest in a particular tract of land or mineral estate.

DISPOSSESS

The removal of a person, by proper proceedings, out of possession of real property.

DIVIDED INTEREST

A tract has been partitioned into two or more sub-tracts and one party owns one sub-tract and the other party owns the other sub-tract.

DOMINANT ESTATE

“The property for the benefit of which a right‐of‐way easement exists across another’s adjoining piece of land is said to be the dominant estate.”

DOWER

The interest a wife has in real property belonging to her husband.

DUHIG RULE

Refers to the case of Duhig v. Peavy-Moore Lumber Co., 135 Tex. 503, 144 S.W.2d 878 (1940) wherein the court held in favor of the grantee in a deed where the grantor did not clearly state how much interest he had in the minerals. When he reserved one-half of the minerals to himself, he forfeited his right to those minerals since one-half of the minerals had already been reserved by a prior owner and the new grantee, being an innocent third party, understood from the language of the deed that he was to receive one-half of the minerals. In summary, when the grantor does not clearly state what interest he has in the minerals in a deed, whatever he reserves, he first reserves for parties who had made prior reservations and then to himself.

EASEMENT

An easement is a created interest which allows usage for a stated purpose. In oil and gas, this is most commonly for installing and operating pipelines.

EGRESS

The legal right to exit or leave a property.

EJECTMENT

A proceeding to recover possession of land or damages for unlawful detention.

EMINENT DOMAIN

The right by which a government entity, public utility or common carrier may take private property for public use.

ENCROACHMENT

Unlawful gains upon the lands, property, or authority of another.

ENCUMBRANCE

An interest or right in real property which diminishes the value of the fee such as mortgage, judgements, and easements

EQUITY

The extent of actual value one has in real property.

ESCROW

The placing of a deed, money or other thing in the hands of a third party to be held until certain conditions are met by one or both of the other two parties.

ESTATE

The interest which one has in property.

ESTOPPEL

A bar, a prevention. Estoppel occurs when a person is prevented, by the proceedings of some duly constituted authority or by his own action, from denying the truth of a fact or from doing something contrary to his own previous actions or assertions.

ET AL

Latin term meaning “and others.”

ET UX

Latin term meaning “and wife.”

ET VIR

Latin term meaning “and husband.”

EVICTION

The act of removing a person from lands he had held by process of law.

EXECUTOR (MALE)

A person who has been appointed in a will to carry out directions and requests of the deceased person.

EXECUTRIX (FEMALE)

A person who has been appointed in a will to carry out directions and requests of the deceased person.

FARMEE

The term applied to the person to whom a transfer is made under a Farmout Agreement.

FARMOR

The term applied to one who has made a transfer under a Farmout Agreement.

FEE

An estate in real property, completely owned, which the owner can devise to his heirs or sell.

FEE SIMPLE ABSOLUTE

An estate in property which allows an owner complete control over his property, within the law, to dispose of the property in any manner during his lifetime; and to pass the property to his heirs or legal representatives upon his death.

FEME COVERT

A married woman.

FEME SOLE

A single woman, including widows and divorcees.

FIDUCIARY

A person who serves, with or without bond, to act for the benefit of another in all matters connected with the specific undertaking. Fiduciary obligations exist, for example, between trustees and the beneficiaries of a trust.

FILE OF RECORD

To send an instrument to the county clerk for recording.

FORECLOSURE

The termination of all rights and the retaking of property covered by a mortgage.

FOUR-CORNER RULE

A rule of interpretation that holds that an instrument, such as an oil and gas lease, must be interpreted from within the four corners of the document. Interpretation is made without any aid from knowledge of the circumstances under which the instrument was drafted and signed.

FREEHOLD

An estate in land of an undetermined duration. It can be a life estate, a lease with the unlimited right f renewal, or a fee simple estate.

GIFT DEED

A deed transferring real or personal property for something other than the normal consideration. Examples include a token amount of money (e.g. $1) or for “love and affection.”

GOOD RECORD TITLE

Marketable title. Property which is free of encumbrances and possible litigation. Free to be sold, mortgaged, leased, etc.

GRANT

“(1) To bestow, convey or transfer rights or property. (2) An instrument.”

GRANTEE

The person receiving lands, minerals, etc. in a conveyance.

GRANTOR

A person who grants or conveys lands, minerals, etc. in a conveyance.

GROSS ACRES

The total acres contained in the land described in the lease or other conveyance.

GUARDIAN

Person appointed by a court for the purpose of managing the property and rights of a person who is considered incapable of managing for himself.

HEIR

One who inherits anything, real, personal or mixed, by the laws of descent when a person dies without leaving a will.

HEREDITAMENTS

Anything capable of being inherited, real, personal or mixed.

HOMESTEAD PROPERTY

Property such as land, house, etc. which cannot be seized to pay general debts.

IMPLIED

A deduction from certain circumstances. Usually used in contract with “Express.”

INCEPTION OF TITLE

The grant from sovereign (state, King, etc.).

INCOMPETENT

A person judged by the court to be incapable of managing his own affairs by reason of insanity or mental infirmity.

INDEX

“An alphabetical listing in the public records of the names of parties to recorded real estate instruments together with the book and page number of the record; The listing in abstract and title plants of recorded real estate instruments in groups according to land descriptions, known as a geographic index. The alphabetical listing, by names of the parties, of all recorded instruments that affect but do not describe particular real estate, such as judgments, powers of attorney, wills and probate proceedings. Such indexes are known by various names, such as “general index,” “judgment index” and “name index.”

INDIAN LANDS

Lands set aside by the Federal Government for Indians.

INGRESS

The legal right to enter a property.

INTEREST

Pertaining to real estate, a right or a claim to a property.

INTESTATE DEATH

A death which occurs without a valid will in place, indicating whom to leave one’s estate to after death.

JOINT TENANCY

Two or more persons who hold land in fee simple for years, for life, or at will. They have one conveyance commencing at the same time and maintain undivided possession. Upon the death of one, all rights, title and interest in the property remain with the survivors.

JUDGEMENT

A debt or obligation evidenced by a court decree. A judgement creates a lien against the property of a judgement debtor.

LAND CONTRACT

A contract for the purchase of land where the deed is delivered only after the payment for the land, usually in installments, has been made.

LAND GRANT

The donation of land from a government body to a company, especially a railroad, or individual. Land Patent

LAND WARRANT

A warrant issued by the Federal Government to purchasers of public lands.

LEGAL DESCRIPTION

Description of property sufficiently detailed for an independent surveyor to locate it.

LIEN

An encumbrance upon property usually for payment of some debt or obligation.

LIFE ESTATE

An estate of varying degrees in land limited to the life of the principal.

LIS PENDENS

Notice that a suit has been filed in a court of law and that the property described may be subject to judgment.

MECHANIC’S LIEN

A lien against property which is awarded to a person who performs certain work or provides certain materials for work on a tract of land.

MINERAL ACRES

The full mineral interest and right in one acre of land.

MINERAL DEED

The legal instrument that conveys minerals in place, together with the rights to search for and produce said minerals.

MINERAL ESTATE

Rights and interests in the minerals found on or beneath the surface of the land, created when the owner severs or separates his interests in the property.

MINERAL INTEREST

Owning a fractional interest (or 100%) in the oil and gas in place under a tract of land, as opposed to a royalty interest which only is owned in the oil and gas when it is produced.

MINERAL OWNER

Owner of the rights and interests in a mineral estate (where interests in a landed estate have been severed) along with the right to execute a lease on the same.

MINERAL RIGHTS

The ownership of the minerals on or under the surface, with the owner having the right to capture or recover and the right to delegate owner rights to another party to recover mineral by negotiating a lease agreement.

MINERAL TITLE

Refers to the legal ownership of the mineral estate (minerals), generally referred to as associated with a particular tract of land.

MINOR

One who because of insufficient age or status is legally incapable of making contracts.

MORTGAGE

A pledge of a certain property, usually written in the form of a conveyance, for the payment of a debt or obligation.

MORTGAGEE

The person or entity taking or accepting the mortgage as a pledge.

MORTGAGOR

The person or entity who pledges property. (The borrowers)

MUNIMENT OF TITLE

An action to probate a will in an expedited manner. Muniment of Title asks a court to prove the validity a will but it does not include an estate administration. If estate is only real property (include oil and gas) it can be processed as Muniment of Title – ownership vests immediately in the named beneficiaries.

NOMINAL CONSIDERATION

A payment that has no relation to the real value of the property.

NON COMPOS MENTIS (NCM)

A mentally deranged person as decided by the courts.

OVER-CONVEY

To convey (intentionally or accidentally) a larger fraction of interest in property than the owner actually owns.

PAROL EVIDENCE

Evidence given verbally rather than in writing.

PARTITION

The act of dividing an estate into estates owned in severalty.

PATENT

A grant of land from a federal or state government.

PERPETUITY

Continuing forever.

PERSONAL PROPERTY

Portable and tangible objects that are not permanently affixed to, and part of, the real estate.

PLAT

A map or drawing showing the boundaries of a tract of land.

POWER OF ATTORNEY

A legal instrument that authorizes one person to act for another, generally or specifically.

PRESUMPTIVE RIGHTS

Rights obtained under presumption of a grant after a period of years.

PRO FORMA

“As a matter of form.” For example: Mary E. Jones joined pro forma by her husband, Sam S. Jones.

PROBATE

The proof and admission (by the court) of a will as real and valid.

PUBLIC LANDS

Land owned by a state of the federal government.

QUIET TITLE SUIT

A court action brought to identify the true owner(s) of land.

QUIT CLAIM DEED

An instrument that conveys any interest a person may have in property but does not give warranty of title.

REAL PROPERTY

All interests, benefits, and rights inherent in the ownership of physical real estate; the bundle of rights associated with ownership of real estate.

REALTY

A term used for real property.

RECORDING

The act by which a legal instrument is entered into a book of public record, usually in the county clerk’s office. This recording amounts to legal notice to all persons of the rights or claims delineated in the instrument.

RELINQUISHMENT ACT LANDS (MINERAL CLASSIFIED LANDS)

Lands in which the minerals were reserved by the State of Texas on grant to private owners and in which a share of the proceeds of leasing were released to the private owners by the Relinquishment Act.

REMAINDER

A future interest created in some person after the termination of a prior estate as in the case of a life estate.

REMAINDERMAN

The person who receives a remainder in an estate after the termination of a prior estate.

RESERVATION

A right or interest reserved out of a tract by the grantor unto himself or his assigns.

RESTRICTIONS

A limitation on the use of land usually created in a conveyance.

REVERSION

A return or conveyance of rights in an estate as a result of certain conditions. For example, an easement may contain the condition that all rights granted revert to the grantor in the event the easement is not used for a given period of time. Also found in term royalty deeds.

RIGHT-OF-WAY

A strip of land over which a pipeline, electrical line, telephone line, railroad or roadway is constructed.

RIGHT-OF-WAY AGREEMENT

An agreement in writing, under seal, in which an owner in real property grants a right-of-way upon, over and across his land.

RIPARIAN RIGHTS

In property law, doctrine pertaining to properties adjacent to a waterway that (a) governs the use of surface water and (b) gives all owners of land contiguous to streams, lakes, and ponds equal rights to the water, whether the right is exercised or not. The riparian right is usufructuary, meaning that the landowner does not own the water itself but instead enjoys a right to use the water and its surface.

ROYALTY DEED

The legal instrument that conveys a share of oil or gas production.

SEPARATE PROPERTY

“A term used to describe property that is owned by a married person separate from his/her spouse.”

SERVITUDE

An easement or other incorporeal interest in land.

SEVERALTY

Sole ownership. Property owned by one person or entity.

SEVERANCE

The separation of a mineral or royalty interest from other interests in that land.

SEVERANCE DAMAGE

The loss in value of the remaining tract by virtue of the taking of a part.

SEVERED MINERAL INTEREST

Ownership of minerals independent of an interest in the surface of a tract of land.

SHERIFF’S DEED

The forced sale of an individual’s property, usually by court order to pay debts. After appropriate public notice, the sheriff would auction the land to the highest bidder. This type of deed will often be indexed under the sheriff ’s name or just “sheriff,” rather than the former owner.

SOVEREIGN

In the case of land, the government that holds and is capable of transferring title.

SOVEREIGNTY OF THE SOIL

The beginning of record ownership of property from the sovereign or state.

SPECIAL WARRANTY DEED

“A legal instrument used to transfer interest in real property in which the grantor guarantees no defects in title only during his ownership period.”

STATUTE LAW

Law enacted by a legislative body. Also called civil law.

SUIT TO QUIET TITLE

Court action to correct cloud on title.

SURFACE ESTATE

Rights and interests in the surface of the land, created when the owner severs or separates his interests in the property.

SURFACE OWNER

Owner of the rights and interests in a surface estate.

SURFACE RIGHTS

The set of rights associated with the surface of the land only, as differentiated from mineral rights.

TENANCY BY ENTIRETY

A tenancy which is created between a husband and wife and upon death of either, the other is vested with the whole.

TENANCY IN COMMON

A form of ownership in which each owner owns an undivided interest in property. If one of the owners dies, his interest passed to his heirs and/or assigns.

TERM MINERALS

Severed minerals acquired for a certain time and, generally, as long thereafter as production continues.

TERM ROYALTY

Severed royalty acquired for a certain time and, generally, as long thereafter as production continues.

TESTATE

When one dies leaving a valid will.

TITLE

“A combination of all the elements that constitute the highest legal right to own, possess, use, control, enjoy and dispose of real estate or an inheritable right or interest therein. The rights of ownership recognized and protected by the law.”

TITLE ABSTRACT

A chronological history of the ownership or significant events effecting a particular piece of property.

TITLE CURATIVE

Measures taken to fix any defects in the chain of title (ownership history), which includes correcting instruments and reconciling title with the use and possession of land.

TITLE EXAMINATION

Title examination is a close examination of all public records that affect the title to the real estate you are purchasing. The search involves reviewing past deeds, wills, and trusts to make sure the title has passed correctly to each new owner.

TITLE OPINION

The written opinion of a title examiner on the status of the title to a given piece of property.

TRESPASS TO TRY TITLE

Court action to return ownership to the rightful owner or owners.

TRUST

A right in property held by one party for the benefit of another. The trustee holds the legal interest or title, and the beneficiary holds the equitable interest and receives the benefits.

TRUST DEED

Sometimes called a Deed of Trust. It is the instrument which conveys subject property to a Trustee to be held as security for the debt named therein.

TRUSTEE

Person who holds the legal title to property in trust for the benefit of another. With the title go specified powers and duties relating to the property.

UNDIVIDED INTEREST

A fractional interest in minerals that, when conveyed, gives the new owner that fractional interest in the described tract.

USUFRUCT

The right of enjoying a thing, the property of which is vested in another, and to draw from the same all of the profit, utility and advantages which it may bring.

VENDEE

Purchaser of property.

VENDOR

Seller of property.

VOID

Null, having no legal effect.

VOIDABLE

Capable of being made void, as in a contract executed by a minor without proper court order.

WAIVER

The relinquishment or surrender of some claim, right, or privilege.

WARRANT

To assure by an express covenant that the title is good. In a Warranty Deed, the grantor warrants and forever defends title.

WARRANTY DEED

A deed in which the grantor stipulates by express covenant that the title to the property is as it is represented to be and that the grantee’s possession shall be undisturbed.

WILL

The instrument by which a person states the manner in which he wants his personal and real property disposed of after his death.