Real
Estate Glossary
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MAINTENANCE COSTS:
The expense of keeping a property
in a good state of repair.
MAINTENANCE FEE:
Charge to a unit holder in a
condominium or cooperative complex
for that person's share of costs
of keeping the common-use portions
of the complex in a good state
of repair.
MAJORITY:
1. More than 50%.
2. The age of majority is the
age in years at which a community
considers a human being capable
of handling his own affairs
and legally liable for his actions.
MALL:
Commonly used to refer to the
entire shopping complex but
properly a reference to the
pedestrian area of the mall
that connects shopping areas.
MANAGEMENT AGREEMENT:
A contract between an owner
of a property and a property
management firm in which the
firm accepts periodic payments
for acting as supervisor of
the affairs of the property.
MANAGEMENT FEE:
The property manager's compensation.
MANAGEMENT PLAN:
A written document in which
the property manager sets out
its goals and the approaches
it will use to accomplish those
goals in a given period of time
for the property.
MANDATORY DELIVERY COMMITMENT:
A lender's written promise to
deliver certain funds at specified
dates upon terms set out in
the commitment.
MANUFACTURED
HOUSING:
Known as "pre-fab" housing,
any dwelling that is assembled
out of components (i.e. walls,
floors, roof) constructed off-site
and then brought to the building
lot.
MARGIN:
The difference or the added
amount. In mortgages, the difference
between the index interest rate
and the interest rate charged
on the variable or adjustable
rate mortgage. Expressed in
the contract as a percentage
(i.e. "prime plus three per
cent").
MARGINAL LAND:
Land whose value is limited.
The cost of making it capable
of producing income is generally
very close to the income it
would produce.
MARINA:
A facility located on a body
of water which provides docking,
storage, maintenance and other
facilities for boats.
MARKET PRICE:
The consideration actually paid
for an asset in an arm's-length
transaction.
MARKET RENT:
Also known as economic rent,
the amount the owner could charge
and obtain for the lease of
a property in the current economic
circumstances.
MARKET RENTAL RISK:
The possibility that the market
rent for a property will change
due to changing market forces,
making a long-term, fixed rent
lease more or less desirable.
MARKET SEGMENTATION:
Analyzing sub-markets within
a greater market.
MARKET STUDY:
An analysis of the reaction
of the market to influences
such as location, demand, extra-market
economic events, etc.
MARKET VALUE:
An estimation of the price that
could be obtained for a particular
asset if it were sold in an
arm's length transaction on
the current market.
MARKETABLE TITLE:
Ownership of land that is without
competing claims or other defects,
such that it could be sold without
complication.
MARKETING PLAN:
A written description of how
a salesperson intends to advertise
a given property to obtain the
best price within a reasonable
time.
MASTER ASSOCIATION:
An organization of homeowners
in a large condominium or planned
unit development (PUD) which
includes representatives from
other, smaller homeowner organizations.
MASTER LEASE:
The dominant lease in a property,
under which one or more sub-leases
may exist.
MATERIAL BREACH:
A contravention of the terms
of a contract by one of the
parties that is so large that
it changes the very nature of
the agreement between the parties
and allows the innocent party
to treat the contract as being
at an end and pursue legal remedies
(recision, damages, specific
performance) from the contravening
party.
MATERIAL FACT:
An important fact about one
or more of the issues involved
in the contract which, if known
to all parties, may result in
a different contract or no contract
at all.
MATURITY DATE:
The date upon which a mortgage
loan comes due and payable.
MEAN HIGH TIDE:
The level to which the water
rose on an average day over
a previous period of time (years
or decades).
MEANDER LINES:
A vivid description of the measurement
used in surveying to set out
the boundary of a water course
(i.e. a stream or river).
MECHANIC'S AND MATERIALMAN'S
LIENS:
A claim against property that
arises as a statutory right
of any person who supplies work
or materials to a property and
is not compensated for that
work. See also "construction
lien".
MEETING OF THE MINDS:
In order for a contract to be
enforceable, the parties to
it must come to a common understanding
of the terms of their agreement.
If no such common understanding
has occurred with regard to
a material clause in the contract,
the contract may be voidable.
This common understanding is
referred to at common law as
a "meeting of the minds".
MEGALOPOLIS:
A spiffy new term for urban
sprawl, situations where the
expansion of several cities
in a particular area has created
one continuous city, even if
the different parts retain their
own name (Boston, New York,
Philadelphia, etc.).
MENACE:
Coercion, pressure. A threatening
act which is aimed at forcing
a person to act against their
wishes.
MERGER:
The combining of two or more
independent bodies into a single
body.
MERIDIANS:
Used in government survey method,
lines which form the north-south
portion of the grid.
METER:
Also known as metre. The metric
system's basic unit for linear
measurement, equal to 39.37
inches. 1/10th of a meter is
a decimeter; 1/100th is a centimeter;
1/100th is a millimeter.
METES AND BOUNDS:
An older way of describing land
in registered instruments. Starting
at a recognizable point (the
meeting of two roads, the corner
of a lot), the description then
describes the boundaries of
the land by indicating distances
and directions for each boundary
(i.e. "South 100 feet" or "South
73 degrees, five minutes west
for a distance of 100 feet"),
returning at the end of the
description to the beginning
point.
METROPOLITAN AREA:
The land which is located in
a city and in the surrounding
areas which can be said to be
still part of the economic or
political sphere of the city.
MIDDLEMAN:
A slang description for a person
who acts to bring together the
parties to a transaction.
MILE:
Linear measurement equaling
5,280 feet, 1,760 yards, 1,609
kilometers, or 8 furlongs. Note,
a nautical mile is equal to
6,080 feet.
MILITARY CLAUSE:
A term of a residential lease
which allows a tenant who is
a member of the military to
terminate the lease upon being
transferred to another place
without suffering any penalty.
MILL:
10 per cent of a penny. In many
jurisdictions, property tax
assessments are based on a mill
rate.
MINERAL DEED:
An instrument which transfers
to the purchaser only an interest
in the subsurface portion of
the property, while retaining
to the vendor the surface and
air
rights.
MINERAL LEASE:
A contract between the owner
of a property and another party
allowing the other party to
explore and exploit any mineral
deposits found on the property
for a limited period of time
in return for a periodic payment.
MINERAL RIGHTS:
The legal interest in the valuable
items found below the surface
of a property.
MINIMUM DOWNPAYMENT:
The least amount of money a
purchaser can provide toward
the purchase price of a house
under a mortgage loan program.
MINIMUM LOT SIZE:
The smallest size allowable
for an independent parcel of
property under a zoning by-law
or ordinance provision.
MINIMUM PAYMENT:
The lowest amount a borrower
is allowed to pay toward a loan,
line of credit or other debt
in a given period of time.
MINIMUM PROPERTY STANDARDS:
The bare essentials in the way
of construction and lot location
required by the Federal Housing
Administration (FHA) before
it will underwrite a mortgage
on a residential property.
MINIMUM RENT:
The lowest amount the landlord
will accept under a lease contract
with a variable rent.
MINIMUM-GUARANTEED PERCENTAGE
LEASE:
A lease whereby the landlord
is paid periodic rent as a percentage
of the gross (or net) sales
of the tenant of the premises
but where the tenant agrees
that the rental payments shall
not drop below a specified amount.
MINOR:
A person who is too young to
be considered legally competent
according to the laws of the
jurisdiction.
MISNOMER:
An error regarding a name.
MISREPRESENTATION:
A statement of a fact that turns
out to be false. May be innocent,
negligent or fraudulent.
MISTAKE:
An innocent error. If a mistake
is made by all parties to a
contract about a material fact,
the contract may be voidable.
MIXED-USE COMMERCIAL PROJECT:
A development which is designed
to mix two or more "uses" of
land together (i.e. a shopping
center which offers office space
for dentists, etc.)
MOBILE HOME:
A dwelling that sits on wheels
and may be moved, often under
its own power.
MOBILE HOME PARK:
An area specifically designed
to allow for permanent or semi-permanent
stationing of mobile homes.
MODEL HOME:
A dwelling built first by a
developer to allow potential
purchasers to see what the finished
product will look like once
the other homes in the development
are completed.
MODIFICATION:
A change to the terms of a contract.
MODULAR HOUSING:
See "manufactured
housing".
MONUMENT:
Any kind of marker to indicate
the boundary or corner of a
parcel of land, used by surveyors.
MONTHLY DEBT SERVICE:
The periodic payments required
to remain current on all outstanding
loans.
MONTHLY FIXED INSTALLMENT:
Periodic payment that is applied
toward accumulated interest
and reduction of principal.
MONTHLY HOUSING EXPENSE:
The total of the costs of maintaining
a home per month, including
financing, realty taxes and
house insurance.
MONTHLY TOTAL EXPENSES:
The total when monthly housing
expense is added to monthly
debt service.
MORATORIUM:
A temporary ban or halt to a
specific activity.
MORE OR LESS:
A term used in metes and bounds
descriptions and in Agreements
between Vendors and Purchasers
of land to indicate that the
measurement given may not be
exact.
MORTGAGE:
A loan which is secured against
property (i.e. registered on
title as a claim or encumbrance
on the property). Often used
to purchase the property itself.
MORTGAGE
BACK:
Also known as a "vendor
take-back mortgage". Financing
of a purchase of property whereby
the vendor accepts only a portion
of the purchase price up front
and accepts a mortgage (with
periodic payments and interest
chargeable) for the remainder.
MORTGAGE BANKER:
A firm that offers mortgages
for property purchases but,
at times, may require financial
support from larger institutions
to help cover the outlay of
cash.
MORTGAGE BROKER:
A middleman who serves to bring
borrowers together with lenders.
Offers the service of doing
the shopping for the borrower
while often collecting a fee
from the chosen lender rather
than from the borrower.
MORTGAGE COMMITMENT:
See "commitment
letter".
MORTGAGE CORRESPONDENT:
An authorized agent of a lender
for a geographic area.
MORTGAGE DISABILITY INSURANCE:
A policy of insurance which
promises to pay periodic mortgage
payments for the borrower during
any future period that borrower
may be disabled from working
and, therefore, incapable of
making the payments himself.
MORTGAGE INSURANCE:
A policy of insurance which
promises to pay out the amount
owing in the event that the
borrower defaults.
MORTGAGE INTEREST DEDUCTION:
A tax break for people who pay
mortgage interest on their homes.
MORTGAGE LIFE INSURANCE:
A policy of insurance which
promises to pay out the remaining
balance owing on a mortgage
should the borrower die. The
amount payable by the insurer
declines as the mortgage is
paid down and the policy ends
upon the paying out of the mortgage.
MORTGAGE LOAN SERVICING:
The lender's actions in collecting
mortgage payments, allocating
payments to principal, interest
and escrow accounts, paying
out property taxes and insurance
over the life of the loan.
MORTGAGE LOAN UNDERWRITING:
The action of reviewing an application
for a loan and then advising
the lender as to the risk factor
in making the loan.
MORTGAGE PROGRAM:
The bundle of features of a
particular kind of mortgage
offered to the public.
MORTGAGE VALUE:
The estimate worth of a particular
asset which is established for
the purposes of obtaining financing
secured against that asset.
MORTGAGEE:
The lender in a mortgage transaction.
Also known as "chargee".
MORTGAGEE IN POSSESSION:
A lender that has taken over
control and occupancy of a property
upon default of the borrower
to collect income from the property
and prepare for foreclosure
and sale.
MORTGAGOR:
The borrower, purchaser or homeowner
in a mortgage transaction. Also
known as "chargor".
MOST PROBABLE SELLING PRICE:
An estimation of the price a
property is most likely to realize
in a given market.
MULTI-DWELLING UNITS:
A property which may have one
owner but offers a number of
homes for separate people or
families.
MULTIFAMILY HOUSING:
Similar to multi-dwelling units,
a building which features two
or more family dwellings within
the same structure. May require
special zoning.
MULTIPLE DWELLING:
Also known as multi-dwelling
unit.
MULTIPLE LISTING SERVICE
(MLS):
A service created and run by
real estate professionals which
gathers all of the property
listings into a single place
so that purchasers may review
all available properties from
one source. The MLS also deals
with commission splitting and
other relations between brokers
and agents.
MUNICIPAL
ADDRESS:
The city, street and number
on the street by which a property
is known. Also known as "mailing
address" but not the same as
"legal description".
MUNICIPAL ORDINANCE:
A rule set down by a local government.
MUNICIPALITY:
A generic name for any organized
local government (a city, town,
etc.).
MUNIMENTS OF TITLE:
Written documents which may
be used to prove an owner's
title to a property.
MUTUAL ASSENT:
A shared acceptance by two or
more parties.
MUTUAL RESCISSION:
The act of ending a contract
by obtaining the agreement of
all parties to the contract
to treat the contract as being
at an end.