REAL ESTATE

TERMINOLOGIES
Realtor Arturo M. Lawa, CPV
REB PRC Licensed No. 0002007
REA PRC Licensed No. 0000248

REAL ESTATE
TERMINOLOGIES
ABSTRACT OF TITLE - A condensed history of the title,
consisting of a various links in the chain of title, together with a
statement of all liens, charges or encumbrances affecting a
particular property.

ACCELERATION CLAUSE - A clause in contact stating that

upon the happening of a certain event, like failure to pay any
installment due shall make all the balance immediately due and
payable.

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TERMINOLOGIES
ACCEPTANCE - When the seller or agents principal agrees
to the terms of the contract of sales approves the negotiation
on the part of the agent and acknowledge receipt of the
deposit in subscribing to the agreement of sale.

ACCRETION - An addition to land from natural causes as, for

example from the gradual action of the ocean or the river
waters.

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TERMINOLOGIES
ACKNOWLEDGEMENT - A formal declaration before
duly authorized officer by a person who has executed an
instrument that such execution is his act of deed.

ACQUIRED ASSET - Usually refer to real estate

properties that were previously mortgaged to the
bank, by which because the owner failed to pay the
mortgage, the ownership of the property transferred to
the bank through a judicial Foreclose Properties

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TERMINOLOGIES
ACQUISITION - The act or process by which a person
procures property.

AD VALOREM - According to valuation

ADMINISTRATOR - A person appointed by the probate
court to administer the estate of a deceased person.

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TERMINOLOGIES
ADVERSE CLAIM - A claim of a person on property
owned by another (Good only for 30 days no second
adverse claim is allowed).

ADVERSE POSSESION - Right of an occupant of land

to acquire title against the real estate owner, where
possession has been actual, continuous, hostile, visible
distinct and the concept of owner for the statutory
period. (Note: Statutory period is 30 years: adverse
possession does not apply on lands titled under the
Torrens System.

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TERMINOLOGIES
AFFIDAVIT A system or a declaration reduced in
writing sworn to affirmed before some officer who has
authority to administer an oath or affirmation.

AGENT One who acts for and has the authority to

represent another who is known as the principal.

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TERMINOLOGIES
AGREEMENT OF SALE A written agreement or conduct
between seller and purchaser which they reach a meeting
of the minds on the terms and condition of the sale.

AIR RIGHT The right of the property owner to use,

control, or occupy the air space over his property, subject
to the requirements of air navigations and government
regulation.
ALIENATION - The transferring of property to another;
the transfer property and possession of lands, or other
things, from one person to another.

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TERMINOLOGIES
AMORTIZATION Staggered payment of the things
purchased. Also known as INSTALLMENT. It refers at
the process of paying off debt (often from a loan or
mortgage) over time through regular payments. A
portion of each payment is for interest while the
remaining amount is applied towards the principal
balance. An amortization could be in Equal Payment
which fix amounts throughout the loan period. It could
also be Ballooning Payment wherein the monthly due
increases through time. Given number of pay-periods
and interest rate, the amortization amount is calculated

REAL ESTATE
TERMINOLOGIES
AMORTIZATION The liquidation of a financial
obligation on installment basis. (A periodic payment
which includes interest and principal necessary to
liquidate a financial obligation.

APPIONTMENT Appointment is one way of how an

agency relationship is created. It means that the
principal gives express authorization to the agent.
Under both common and statutory law, this request
writing when the sale of real estate is involved.

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TERMINOLOGIES
APPRAISER A Real Estate Appraiser is duly
registered and licensed natural person who, for a fee,
compensations or other valuable consideration,
performs or renders or offers to perform services in
estimating and arriving at an opinion of or acts as an
expert on real estate values, such services of which
shall be finally rendered by the preparation of the
report in acceptable written form. Also known as valuer,
refers to a person who conducts valuation/appraisal;
specifically, one who possesses the necessary
qualifications, ability and experience to execute or

REAL ESTATE
TERMINOLOGIES
APPRECIATION A rise in value or price due to such
factors as inflation or market conditions.

APPURTENANCE Something annexed to another

thing which may be transferred incident to it. That
which belongs to a thing as a barn, dwelling, garage,
orchard, is an incident to a land to which it is attached.

ASSESSOR refers to a government official who

conducts appraisal and assessment of real properties
for taxation purposes.

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TERMINOLOGIES
ASSIGNMENT - The transfer of property or right and
obligations over it in favor of another. (The one who
assigns or transfers a property is called ASSIGNOR
while those who whom property is assigned are called
ASSIGNS or ASSIGNEES).

AUTOMATIC REDEMPTION CLAUSE A stipulation

in a mortgage of several properties price, a portion of
the payments shall correspondingly release said lot
from the mortgage.

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TERMINOLOGIES
BALLOON PAYMENT Where the final installment
payment on a note is greater than the preceding
installment payments and the payer pays the note in
full, such a final installment is termed a balloon
payment.(Payment in lump sum although not yet due).

BASE AND MERIDIAN Imaginary lines used by the

surveyors to find and describe the location and
boundaries of real property.

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BINDER A agreement to cover a down payment for
the purchase of real as evidence of good faith of the
part purchaser.

BLANKET MORTGAGE A mortgage that has two or

more properties pledged as security for a debt.

BREACH The breaking of law, or failure to perform a

duty or obligations specified in a contract or agreement
or revelation of secret, either by omission or
commission.

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TERMINOLOGIES
BROKER A Real Estate Broker is duly registered and
licensed natural person who, for a fee, commission or
other valuable consideration acts as an agent of a party
in real estate transaction to offer, advertise, solicit, list,
promote mediate, negotiate, or effect the meeting of the
minds on the sale, purchase, exchange, mortgage, lease
or joint venture, or other similar transactions on real
estate or any interest therein.

BUNDLE OF RIGHTS The rights of ownership

whereby the owner has the right to enjoy, dispose,
exclude others and to recover.

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TERMINOLOGIES
CAPITAL ASSET Capital asset means property held
by the taxpayer (whether or not connected with his
trade or business), but does not include (a) Stock in
trade of the taxpayer or other property of kind which
would properly be included in the inventory of the
taxpayer if on hand at the close of the taxable year; or
(b) Property held on the taxpayer primarily for sale to
customer in the ordinary course of his trade or business
; or (c)Property used in the trade or business of a
character which is a subject to the allowance for the
depreciation provided in subsection (F) of Sec.34 of the

REAL ESTATE
TERMINOLOGIES

CAPITAL GAINS TAX Capital Gains tax is a tax imposed on

the gains presumed to have been realized by the seller from
the sale, exchange, or other disposition of capital assets
located in the Philippines, including pacto de retro sales and
other forms of conditional sale.

CAPITAL PROPERTY - Property you own that could give you

a capital gains if you sold it. Can include investments, a
property other than your home and money from a trust
account. A property that is acquired for investment purposes,
or use in a business that will give rise to a capital gain, and
not an income gain, if it is sold at a profit. Land, Buildings
machinery, shares in a farm corporation and an interest in a

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TERMINOLOGIES
CAVEAT EMPTOR Means Let the buyer beware
(The buyer is duty-bound to examine the property he is
purchasing and he assumes conditions which are readily
ascertainable on the face of the title).

CENRO Community Environment and Natural

Resources Officer of the DENR.

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TERMINOLOGIES
CLIENT A client is a person who empowers another
to act as his or her representative or agent. ClientAgent relationship is equal to fiduciary relationship.

CLOSED MORTGAGE A mortgage which can be paid

off on its maturity.

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TERMINOLOGIES
CLOUD ON THE TITLE- Any conditions revealed by a
title search which affect the title to property; usually
relatively unimportant items but which items but which
cannot be removed without a quit claim dead or court
action.

COMMISSION- An agents compensation for

performing the duties of his agency; in real estate
practice, a percentage of the selling price of property ,
percentage of rentals, etc.

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TERMINOLOGIES
CODEMNATION- the taking of public property for
public use with fair compensation to the owner. An
exercise of the Right of Eminent Domain.

CONJUGAL PROPERTY- property owned in common

by the husband and wife.

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TERMINOLOGIES
CONSULTANT- A Real Estate Consultant is a duly
registered and licensed natural person who, for a free,
compensation or other valuable consideration, offers
or renders professional advice and judgment on: (i) the
acquisition, enhancement, preservation, utilization or
disposition of lands or improvements thereon; and (ii)
the conception, planning, management and
development of real estate projects.

REAL ESTATE
TERMINOLOGIES
CONTRACT OF SALE- An agreement between a buyer
and a seller whereby there is transmission of ownership
on the object of the contract

CONTRACT TO SELL- An agreement whereby by the

seller promises to sell a thing in consideration of the
buyers compliance to the terms and conditions of the
contract and that only after the buyers compliance will
the seller be obligated to transfer or convey the
ownership of the thing subject of the contract.

REAL ESTATE
TERMINOLOGIES
CONVEYANCE- This means by which title to real
estate is transferred.

CORNER INFLUENCE- The added desirability or

utility of a property due to its frontage to two
streets, which for residential use provides better
ventilation and as to commercial or industrial use,
it provides better access, display and
transportation convenience.

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TERMINOLOGIES
COUNTER OFFER- It is a qualified or
conditional acceptance.

CUL DE SAC- A passageway with one outlet; a

blind alley.

CUSTOMER- A customer generally refers to

person without representation involved in the
transaction involved in the transaction. All agents
and brokers have a duty to treat customers fairly.

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TERMINOLOGIES
DACION EN PAGO- Payment in kind. Payment of
the debt or obligation with a property

DEED- A written instrument which, when

properly executed and delivered, conveys title.

DEFAULT- The failure to fulfil a duty or promise

or to discharge an obligation; an omission or
failure to perform any act.

REAL ESTATE
TERMINOLOGIES
DEFEASANCE CLAUSE- The clause in a
mortgage that gives the mortgagor the right to
redeem his property upon the payment of his
obligations to the mortgagee.

DEFICIENCY JUDGMENT- it is a judgment for

the mortgagor to pay the balance of the obligation
if the proceeds of the foreclosure.

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TERMINOLOGIES
DEPRECIATION- Loss in value brought about by
deterioration functional or economic obsolescence.
EARNEST MONEY- A sum of money tendered by a
buyer to the seller which if accepted by the seller
shall form part of the purchase price and as proof of
the perfection of the contract. It is a sign of good
faith on the part of the buyer. Actually, it is a partial
payment of the purchase and it must be deducted
therefrom. (See also BINDER)

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TERMINOLOGIES
EASEMENT- he right, advantage or privilege
which an individual has in land of another, such as
a right of way.

ECA- Environmentally Critical Area is an area

that is environmentally sensitive.

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TERMINOLOGIES
ECC- Environment Compliance Certificate is the
document issued by the DENR Secretary or the
Regional Executive Director certifying that based on
the representation of the proponent and the prepares,
as reviewed and validated by the EIARC, the
proposed project or undertaking will not cause a
significant negative environmental impacts; that the
proponent has complied with all the requirements of
the EIS System, and that the proponent is committed
to implement its approved EMP in the EIS or
mitigation measures in IEE.

REAL ESTATE
TERMINOLOGIES
ECONOMIC LIFE- The period over which a property
will yield a return on the investment, over and above
the economic or ground rent to land.

ECONOMIC RENT- The potential rent which a

property can command, considering rental of similar or
comparable properties in the neighbourhood.

ECP- Environmentally Critical Project is a project that

has a high potential for significant negative
environmental impact.

REAL ESTATE
TERMINOLOGIES
EIS- Environment Impact Statement refers to the
documents or studies on the environmental impacts of a
project including the discussions on direct and indirect
consequences upon human welfare and ecological and
environmental integrity.

EMB- Environmental Management and Protected Area

Sector of the DENR.

EMINENT DOMAIN- The right of the government to

acquire property for necessary public or quasi-public
use.

REAL ESTATE
TERMINOLOGIES
EMP- Environmental Management Plan is a section of
the EIS that details the prevention, mitigation,
contingency and monitoring measures to enhance
positive impacts and minimize negative impacts of a
proposed project impacts of a proposed project or
undertaking.

ENCROACHMENT- A building, part of building, or

obstruction which intrudes upon or invades a highway
or sidewalk or trespasses upon property of another.

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TERMINOLOGIES
ENCUMBRANCE- Anything which affects or limits the
fee simple title to property, such as mortgages,
easements, or restrictions of any kind. Liars are money
encumbrances which make the property security for the
payment of a debt of obligations, such as mortgages and
taxes.

ESCHAT- It is the reservation or automatic conveyance

of real property to the State upon the owners death due
to the absence of will heirs or other legal claimants, to
the title, or when the owner fails to pay the real estate

REAL ESTATE
TERMINOLOGIES
ESTOPPEL- Estoppel in one way of how an agency
relationship is created. It means that if the principal makes
third persons to believe that someone in his agent and that
third party deals with even though it did not exist in fact

EQUITY OF REDEMPTION- Right of the original owner to

reclaim property sold thought judicial foreclosure
proceedings by payment of debt, interest, and cost.

EQUITY- The interest or value which an owner has in real

estate over and above the mortgage against it.

REAL ESTATE
TERMINOLOGIES
ESCALATION CLAUSE- A provision in a contract
providing for periodic proportional upward or
downward adjustment of price or consideration.

ESCHEAT- Reversion of property to the state owning to

lack of any heirs capable of inheriting; or due to other
causes provided by low.

ESCROW- An agreement entrusted to a third person to

be held by him until the performance or fulfilment of
some act or condition.

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TERMINOLOGIES
ETHICS- That branch of moral science, idealism,
justness, and fairness, which treats of the duties that a
member of a profession or professional brethren or
members.

FAIR MARKET VALUE- The price which a willing

seller will sell and a willing buyer will buy, neither being
under abnormal pressure.

FEE SIMPLE- Largest estate of ownership in real

property in which the owner holds all rights not
reversed by society. Absolute ownership.

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TERMINOLOGIES
FIDUCIARY- A person in a position of trust and
confidence, as between a principal and a broker; the
broker as fiduciary owes certain loyalty which cannot
breached under rules of agency.

FORCLOSURE A procedure where by property pledged

as security for debt is sold to pay the debt in the event of
default in payments or terms. It is a process instituted by
a mortgagee by which the mortgaged property is sold at
public auction to satisfy the principal obligation which the
debtor failed to fulfil. The property that has been
transferred to the bank through a Foreclose Property,

REAL ESTATE
TERMINOLOGIES
FORFEITURE The loss of money or anything of
value, due to failure to perform, such as under an
agreement to purchase.

HIGHEST AND BEST USE PRINCIPLE The

use of property which will bring the optimum or
highest returns or advantage as of a certain time.

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TERMINOLOGIES
HOLDOVER CLAUSE A provision in a listing
agreement which entitles the broker to commission
even when the sale was closed after the period of
authority provided that the buyer was registered by him
with the seller and with whom he has negotiated during
the period of his authority. It may also be applied in
lease with contracts wherein this provision determines
what happens when the tenant remains beyond the
expiration of the lease; example: after the expiration of
lease, the land lord serves an eviction notice to the
tenant, rent the tenant was given an option to remain

REAL ESTATE
TERMINOLOGIES
IN-HOUSE FINANCING also known as VENDOR
FINANCING, is a real estate buying act instalment
basis wherein the mortgage agreement is between the
property developer and the buyer. When the buyer fails
to fulfil the obligation to pay, the ownership of the
property reverts back to the developer. In-house
financing usually have higher interest rates compared
to the back loan. What is bad in-house financing is that
the seller only issues a Contract-To-Sell. In Bank
Financing, the seller issues an Absolute Deed of Sale to
the name of the buyer, and then automatically mortgage

REAL ESTATE
TERMINOLOGIES
JOINT VENTURE A business alliance of two or more
parties to undertake a specific project. When the project
completed, the joint venture self-destructs itself.

KEY LOT A lot adjoining a comer, at right angle to it

and fronting an intersecting street. (Commonly referred
to as a Tumbok Lot.)

LAND The earths surface, the beneath which extends

to the center of the earth, and the space above which
extend to the sky.
LATCHES Delay or an negligence in asserting ones

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TERMINOLOGIES
LEASE An agreement or contract, whereby the owner/lessor of the
property transfer to the lessee/tenant the right of possession of the
subject property, subject to payment of specific consideration (rent)
and other terms and conditions as contained in the lease contract.
LEASED-FEE INTEREST/LEASE-FEE ESTATE Refers to the
right of the owners \lessor to receive contract rent, repossess the
subject property upon termination of the lease, and any adjustments
in the improvement as contained in the lease agreement.
LEASEHOLD INTEREST/LEASEHOLD ESTATE Refers to the
right of the lessee/tenant to use and occupy the property subject to
terms and conditions of the lease contract.

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TERMINOLOGIES
LEGAL LIFE The life of the intangible asset allowed
by law.
LESSEE A person is to whom property rented lease.
Commonly called a tenant.
LESSOR One who the property and whose rights to
use an asset, which is transferred to another (lessee)
under the lease contract. Commonly referred to as
landlord.
LIEN A hold or claim which one person has upon a
property of another ass security for, a debt or charge,

REAL ESTATE
TERMINOLOGIES
LIS PENDENS An annotation in the title which serves
as notice that the property is subject to a pending
litigation. Lis pendes is Latin for suit pending. This
may refer to any pending lawsuit or to a specific
situation with a public notice of litigation that has been
recorded in the same location where the title of real
property has been recorded.

LISTING The brokers stock in trade or the property

being handled by the broker: it can be referred to also
as the conduct between the owner and broker: or the
authority of the broker to negotiate the transaction of

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TERMINOLOGIES
MASS APPRAISAL The practice of appraising
multiple properties as of a given date by the a
systematic and uniform application of appraisal
methods and techniques.
MASTER DEED A document executed by property
owners which creates or converts his properly into a
condominium a pursuant to Rep. Act. 4726.
MECHANICS LIEN - A lien created by the law which
exist in favor of persons who have performed or
furnished materials in the erection or repair of the
building.

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TERMINOLOGIES
METES AND BOUNDS Measurements and boundaries. A term
used in describing the boundary lines, together with their terminal
points and angles.

MORTGAGE - A pledge of an interest in property as security or

collateral for repayment of a loan with provision for redemption on
repayment. In case of borrowers default, the lender can foreclose
the collateral.

MULTIPLE LISTING - An arrangement among a group of real

estate brokers to share its listing with a pre-arrange agreement
especially on commission sharing.

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TERMINOLOGIES
OBSOLESCENES - Impairment of desirability and
usefulness brought by physical, economic, functional
deterioration, or other causes. Loss in a value due to reduced
desirability and usefulness of a structure because of becoming
old-fashioned and not in keeping with modern needs with
consequent loss of income.
OPEN MORTGAGE - A mortgage which can be paid off at
any time even before its maturity.
OPEN-END MORTGAGE -A mortgage containing a clause
which permits the mortgagor to borrow additional money
after the loan has been reduced, without re-writing the

REAL ESTATE
TERMINOLOGIES
OPTION - The right to purchase or lease a property at a
certain price for a certain designated period, for which right
a consideration is paid.
OPTION MONEY - The amount paid to a property owner in
consideration of giving a prospective buyer or lessee the
exclusive right to buy or lease his property within a specified
period at the agreed price and term.(Within the option
period, the owner cannot sell or lease except to the person
who paid the option money.)
ORDINARY ASSET - Ordinary asset refers to all properties
specifically excluded from the definition of capital assets

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TERMINOLOGIES
OVER-IMPROVEMENT - The improvement which does not
produce an adequate return for the amount invested on a
building or property. An improvement which is not suitable
to the site on which it is place due to excessive size or cost.
PACTO DE RETRO SALE - A contract of sale with the
stipulation that the vendor shall have the right to buy back
the property within the agreed period.
PACTUM COMMISSORIUM - A stipulation which
authorizes the mortgagee to appropriate the property as his
own upon failure of the debtor to fulfil the principal
obligation.

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TERMINOLOGIES
PACTUM DE NON ALIENDO - A stipulation which
prohibits the mortgagor from alienating the property
within the period of the mortgage.
PARAPHERNAL LEASE - Property exclusively owned
by the wife.
PERSONAL PROPERTY - Rights and privileges related
to the ownership of a property other realty.
PENRO - Provincial Environment and Natural
Resources Officer of DENR.

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TERMINOLOGIES
PERCENTAGE LEASE - A lease of property in which the
rental is based upon the volume of sales made upon the
leased property.
POLICE POWER - The right of the state to enact laws
and enforce them for the order, safety, health, morals and
general welfare of the public.
PRINCIPAL - A principal is commonly known as the
person who engages the agent for representation.
PROBATE -is proof or act of proving at a court that a last
will and testament actually that of the deceased person.

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TERMINOLOGIES
PROCURING CAUSE - The act of the broker leading to
the meeting of minds between the parties to a
transaction or the consummation of a transaction.

PROPERTY - A legal concept, pertaining to all the

interest rights, and benefits related to ownership.

PROPERTY RIGHTS - Refer to bundle of rights,

subject only to the private and state limitations.

REAL ESTATE
TERMINOLOGIES
PUT OPTION - This is a contract that authorizes a
Broker to offer a property for sale at a premium
profiteering price, which is normally a high price above
the normal fair market value. When a real estate owner
wants to sell his property that is currently under a
Professional Real Estate Management Service (PREMS),
he will just order a Put Option to the Broker.

QUITCLAIM - A deed of release or renunciation of

legal right a deed to relinquish any interest in property
which the granter may have had an protest or adverse
claim.

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TERMINOLOGIES
RATIFICATION - Ratification is one way of how an
agency relationship is created. It means that if a person
having no authority whatsoever purports to act as an
agent and the purported principal later adopts the acts
of that agent an agency relationship has retroactively
been created.

REALTY - A term used to distinguish either real

property or real estate from items or personal property.

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TERMINOLOGIES
REAL ESTATE - Refers to the land and all those items
which are attached to the land. It is the physical,
tangible entity which can be seen and touched, together
with all the addition on, above or below the ground.

REAL ESTATE DEVELOPMENT PROJECT - Means the

development of land for residential, commercial,
industrial, agricultural, institutional and recreational
purpose, or any combination of such including, but not
limited to, tourist, resorts, reclamation projects, building
or housing projects, whether for individual or
condominium ownership, memorial parks and others of

REAL ESTATE
TERMINOLOGIES
REAL PROPERTY -Includes all the rights and benefits
related to the ownership of real estate.
REAL ESTATE SERVICE PRACTITIONERS - Shall refer to
and shall consist of Real Estate Broker, Real Estate Appraiser,
and Real Estate Consultant.:

RED- Regional Executive Director of DENR

REIT- Real Estate Investment Trust
RESA- Real Estate Service Act (R.A No.9646)

REAL ESTATE
TERMINOLOGIES
SALESPERSON - a Real Estate Salesperson is duly
accredited natural person who performs service for, and
in behalf of, a real estate broker who is registered and
licensed by the Professional Regulatory Board of Real
Estate Service for or in expectation of the share in the
commission, professional fee, compensation or other
valuable consideration.

TACITA RECONDUCTA - It means that if at the end of

the period of lease, the lessee continues to enjoy the
thing leased with acquiescence of the lessor, it is

REAL ESTATE
TERMINOLOGIES
TIE LINE- Is an imaginary line connecting from the
known geographic position (tie point) to the corner of
the titled property. This term is used in Map Reading.

TIE POINT- Is a reference point with known

geographic position established by the Bureau of Lands.
This term is used in Map Reading.

UNDER IMPROVEMENT - That improvement which

does not sufficiently improve the land to product he
highest and best value of return of which the land is
capable.

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TERMINOLOGIES
UNEARNED INCREMENT -A value added to land for
which the owner is in no way responsible, like the
increase of population.

VALUE IN EXCHANGE - Objective value. Propertys

value to an impartial buyer who represent the market.

VALUE IN USE - Subject value. The propertys value to

its occupants or user.

REAL ESTATE
TERMINOLOGIES
WARRANTY DEED - A deed used to convey real property
which contains warranties of title and quiet possessions. In a
warranty deed, the grantor is to defend the premises against
the lawful claims of the third person.

WRIT OF EXECUTION - A writ authorizes and directs the

proper officer of the court, usually the sheriff to carry into
effect a judgment or decree of the court.

ZONING ORDINANCE - The exercise of the police power by

the municipality or city and regulating and controlling the
character and use of property.