Survey

(1) Determine the location, boundaries, area, or the elevations of land and structures upon the earth’s surface by means of courses in relation to the north star, and the measuring of angles and distances by using the techniques of geometry and trigonometry; (2) Map or plat drawn by a surveyor which represents the property surveyed…

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Successors-and-assigns provision

Binds the landlord or the tenant to the lease in the event there is a successor to the other party. The terms between the successor and the remaining party are the same rights, obligations, and duties as between the original parties.

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Subdivision

An area of land laid out and divided into lots, blocks, and building sites, and in which public facilities are laid out, such as streets, alleys, parks, and easements for public utilities.

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Sublease

Original tenant (lessee) sublets all or part of the leasehold interest to another tenant (known as a subtenant), while still retaining a leasehold interest in the property. Also known as a “sandwich lease” due to the sandwiching of the original lessee between the lessor and the subtenant.

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Step-up lease

The rental amount paid by the lessee increases by a preset rate or set dollar amount at predetermined intervals. A step-up lease is a means for the lessor to hedge against inflation and future maintenance or operational expenses.

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Standard exceptions to title insurance

Exceptions to title insurance that typically apply to all parcels within a given region; sometimes called the “regional exceptions.” Standard exceptions can usually be removed through the purchase of extended coverage and/or riders to the title insurance policy.

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Special warranty deed

A deed which warrants the title only with respect to acts of the seller and the interests of anyone claiming by, through, or under him.

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Special exceptions to title insurance

Exceptions to title insurance that vary on a parcel-by-parcel basis. Special exceptions include documents affecting a given parcel that have been filed for record at the County Recorder’s office (e.g., easements, restrictive covenants, shared well agreements) and also include property taxes due or to become due. Special exceptions cannot be brought within the scope of…

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Simultaneous issue rate

When referring to title insurance, the simultaneous issue rate is the reduced rate for a loan policy or owner’s policy of title insurance issued on the same property or loan at the same time as another policy. The term usually refers to a loan policy issued at the same time as an owner’s policy when…

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Short-form lease provision

A shortened version of the lease to be created that will be recorded in the jurisdiction’s property recorders to provide notice of the lease. The lease should be recorded if the tenant is planning on financing his interest in the lease. Recording a short form lease will also give the tenant priority over future creditors…

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