A single word can change the nature or understanding of the
transaction and are several cases and matters which have been decided on the
basis of the wordings employed in the document where the interpretation of words,
phrases and terms by the courts have decided the fate of the parties.
You may have come across terms like "Indenture of Sale","Indenture of Lease", etc. One may be wondering as to what is meant by
indenture and how it is different from deed.Formerly, an indenture meant a document
cut with serrated edges which will fit with
the counterpart of the document.In other words, the copies so cut had indented
edges which made forgery difficult.Now, though the terminology is still used, this
type of document is practically nonexistent. At present, indentures can be taken
to mean documents,usually in the nature of a contract, which are signed by both
or all parties concerned.
Similarly, a power of Attorney can start with wordings like
"Know All Men by these Presents".The term "presents" indicates the "Deed" itself.Further, one may come across terms like "one
or more lots". Originally, the term "lot" or "lots"
was used as indicating a parcel of land which was usually divided."Lots"
also meant contiguous parcels of lands.You may find this in usages like
"parking lot", etc.
The term "real estate" itself has come to mean
immovable property. It is used synonymous for lands, tenements, hereditaments and
the rights relating to immovable property as distinguished against personal properties
like goods and other properties which are basically not immovable properties.
The word "Tenements" signifies properties that
can be held by a person which are of a permanent nature. It also means a house
and other types of immovable properties. The word "Hereditaments" indicates any property which can be inherited and includes movable and personal property also.
The word "appurtenant" means pertaining to or belonging
to and is used in such sense in deeds and documents.The word "Appurtenances"
used in conveyances like Sale Deed, etc. means an interest or a right in a property
incidental to the principal right which is more valuable and important. The word
"Easement" in the Sale Deed can be stated to be the right or a privilege
that a person has on the property of another. It also includes a right to enjoy
a profit arising out of an immovable property.Usually, this is used in the context of indicating a right
of way, pathways, a right of air, a right of tight passing through, etc.
The word "License" used in a deed indicates grant
of a right or an authority to do something in the immovable property, which right
or authority, but for the authorization, will be illegal or wrongful or unlawful.
It is basically in the nature of permission. This does not create an interest in the immovable property, but creates
a right or a privilege which is usually revocable.When acting under the right
or privilege, the person exercising the right or privilege, known as "Licensee"
enjoys immunity for the acts done.
The term "Metes and Bounds" appearing in deeds
would indicate description or details of the boundary lines of the land, together
with terminal points and angles.The term "Admeasurement" or "Admeasuring"is employed where the actual extent of the length and breadth of the property is
given.
There are several other terms and words which may appear innocuous
and apparently repetitive. It is possible that there is a sense of discomfort
in not knowing exactly what the words or terms mean when you are to sign certain
documents since the words and terms as understood could be totally different than
intended in the document. Presumption of vague notions may land you in trouble.
If you do not understand a particular usage, it is better to check up with your advocate or a person having knowledge of these terms and clear all doubts.
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