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Industry Terms & Definitions


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LACHES: Material delay or negligence in the timely assertion of one's rights. Laches is a legal principle under which one is barred from asserting or claiming a right.

LAND: The solid ground of the earth as distinguished from the sea.

LAND CONTRACT: A contract between buyer and seller for the purchase and sale of land, the purchase price usually being payable in installments over a considerable period. The seller (vendor) holds legal title and the buyer (vendee) holds the equitable title until the sales price is paid in full.

LANDLORD: (1) A person from whom a tenant leases land or buildings. (2) One who runs a rooming house or inn.

LANDOWNER'S ROYALTY: Fractional interest in production of oil and gas created by the owner of the land, either by reservation when an oil and gas lease is entered into or by a direct grant to a third person.

LATENT: Existing, but lying hidden or concealed. (See, also "Patent.")

LATERAL SUPPORT: Support that soil of an adjoining owner gives to the neighbor's land.

LEASE: An agreement granting the use or occupancy of land during a specified period in exchange for rent.

LEASEHOLD: (1) Property held by lease. (2) The estate or interest in real estate created by a lease.

LEGACY: A gift of personal property by will.

LEGAL: (1) Relating to or concerned with the law. (2) The conformity with or permitted by law.

LEGAL DESCRIPTION: Description by which property can be definitely located on the ground by reference to government surveys or approved recorded maps; sometimes referred to simply as the legal.

LEGAL TITLE: Title which is enforceable in a court of law, or title which is perfect in its right of ownership and possession, but carries no beneficial interest in the property.

LEGATEE: Person to whom personal property is given by will.

LESSEE: A tenant holding a lease.

LESSOR: One who gives a lease to a lessee.

LETTERS OF ADMINISTRATION: Formal written evidence of court appointment of a personal representative of the estate of an intestate decedent.

LETTERS OF GUARDIANSHIP: Formal written evidence of court appointment of a guardian for the person, estate, or person and estate of a minor or of an incompetent.

LETTERS TESTAMENTARY: Formal written evidence of court appointment of a personal representative of the estate of a testate decedent.

LEVY: A seizure of property by judicial process.

LIABILITY: A legal obligation or responsibility for the payment of a loss or damages or a debt.

LICENSE: In title industry parlance, permission to go upon or use the land of another, the permission being a personal privilege and not constituting an interest in the land.

LIEN: The liability of real estate as security for payment of a debt. Such liability may be created by contract, such as a mortgage, or by operation of law, such as a mechanics lien.

LIFE ESTATE: An estate of ownership in real estate which exists only during the term of a certain person's life.

LIFE TENANCY: An estate in real property in which the tenant has a freehold interest for his life or for the life of another (pur autre vie). Black's Law Dictionary - 5th Ed.

LIFE TENANT: One who holds an estate in lands for the period of his own life or that of another certain person. Black's Law Dictionary - 5th Ed.

LIMITED WARRANTY DEED: A written warranty which fails to meet one or more of the minimum standards for a full warranty. 15 U.S.C.A. Section 2303.

LINEAL: (1) Being in the direct line of descent and inheritance from an ancestor. (2) A direct line as related to a measurement.

LIS PENDENS: A pending lawsuit. A lis pendens notice is legal notice to the world that a lawsuit is pending, particularly as relates to real estate.

LISTING: (1) Placing real estate with a broker for sale or lease. (2) A conditional agreement to pay a commission to the broker if and when he finds a qualified buyer or tenant.

LITIGATION: Legal proceedings, a lawsuit in which a dispute is submitted to a court for determination.

LOAN POLICY: A policy of title insurance intended to protect the party providing a loan.

LOCK BOX DEED: Deed placed in a safe deposit box which is not opened until after death. It raises the legal issue of delivery.

LOSS: (1) In the title industry, damage suffered by a person resulting from defects in or liens upon his title to real estate. (2) Money paid by a title insurance company in settlement of policy claims.

LOT SPLIT: Sale of part of a pre-existing parcel of land. Lot splitting is generally regulated by local zoning ordinances.

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INSURED TITLES, LLC  •  44 4TH STREET WEST  •  KALISPELL, MT 59901
443 OSBORN AVENUE  • OSBORN LANDING  • SUITE 105  •  BIGFORK, MT 59911