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Highest
and best use. The legally and physically
possible use of land that is likely to produce
the highest land (or property) value. It considers
the balance between site and improvements as
well as the intensity and length of uses.
Historical
cost. Actual cost of a property at the time
it was constructed.
Historical
rent. Scheduled (or contract) rent paid
in past years.
Holdover
tenancy. A tenancy in which the lessee retains
possession of the leased premises after the
lease has expired and the landlord, by continuing
to accept rent from the tenant, thereby agrees
to the tenant's continued occupancy.
Homeowners'
association. Organization of property owners
in a residential condominium or subdivision
development, usually authorized by a declaration
of restrictions to establish property design
and maintenance criteria, collect assessments
and manage common areas.
Hoskold
sinking fund table. A table that sup- plies
a factor by which a property's annual net income
may be multiplied to find the present worth
of the property over a given period at a given
rate of interest.
HUD.
Department of Housing and Urban Development.
Improved
land. Real property made suitable for building
by the addition of utilities and publicly owned
structures, such as a curb, sidewalk, street-lighting
system and/or sewer.
Improvements.
Structures of whatever nature, usually privately
rather than publicly owned, erected on a site
to enable its utilization, e.g., buildings,
fences, driveways and retaining walls.
Income
capitalization approach. The process of
estimating the value of an income-producing
property by capitalization of the annual net
operating income expected to be produced by
the property during its remaining economic life.
Increasing
returns, law of. The situation in which
property improvements increase property income
or value.
Incurable
depreciation. A depreciated item that would
be impossible or too expensive to restore or
replace.
Independent
contractor. A person who con- tracts to
do work for another by using his or her own
methods and without being under the control
of the other person regarding how the work should
be done. Unlike an employee, an independent
contractor pays all of his or her expenses,
personally pays income and social security taxes
and receives no employee benefits. Many real
estate salespeople are independent contractors.
Index
method. An appraisal technique used to estimate
reproduction or replacement cost. The appraiser
multiplies the original cost of construction
by a price index for the geographic area to
allow for price changes.
Indirect
costs. Costs of erecting a new building
not involved with either site preparation or
building construction; for example, building
per- mit, land survey, overhead expenses such
as insurance and payroll taxes, and builder's
profit.
Industrial
district or park. A controlled development
zoned for industrial use and designed to accommodate
specific types of industry, providing public
utilities, streets, railroad sidings and water
and sewage facilities.
Ingress.
The way to enter a tract of land. Often used
interchangeably with access. (See also ac- cess.)
Installment
contract. A contract for the sale of real
estate by which the purchase price is paid in
installments over an extended period of time
by the purchaser, who is in possession, with
the title retained by the seller until a certain
number of payments are made. The purchaser's
payments may be forfeited upon default.
Insurable
value. The highest reasonable value that
can be placed on property for insurance purposes.
Interest.
A percentage of the principal amount of
a loan charged by a lender for its use, usually
expressed as an annual rate.
Interest
rate. Return on an investment; an interest
rate is composed of four component rates--safe
rate, risk rate, non-liquidity rate and management
rate. Management rate. Compensation to the owner
for the work involved in managing an investment
and reinvesting the funds received from the
property. Non-liquidity rate. A penalty charged
for the time needed to convert real estate into
cash. risk rate. An addition to the safe rate
to compensate for the hazards that accompany
investments in real estate. safe rate. The interest
rate paid by investments of maximum security,
highest liquidity and minimum risk.
Interim
use. A temporary property use awaiting transition
to its highest and best use.
Intestate.
Dying without a will or without having made
a valid will. Title to property owned by someone
who dies intestate will pass to his or her heirs
as provided in the law of descent of the state
in which the property is located. investment
value. The worth of investment property to a
specific investor.
Inwood
annuity table. A table that supplies a factor
to be multiplied by the desired yearly income
(based on the interest rate and length of time
of the investment) to find the present worth
of the investment.
Joint
tenancy. Ownership of real estate between
two or more parties who have been named in one
conveyance as joint tenants. On the death of
a joint tenant, the decedent's interest passes
to the surviving joint tenant(s) by the right
of survivor- ship.
Joint
venture. The joining of two or more people
to conduct a specific business enterprise. A
joint venture is similar to a partnership in
that it must be created by agreement between
the par- ties to share in the losses and profits
of the venture. It is unlike a partnership in
that the venture is for one specific project
only, rather than for a continuing business
relationship.
Land.
The earth's surface in its natural condition,
extending down to the center of the globe, its
surface and all things affixed to it, and the
air- space above the surface.
Land
capitalization rate. The rate of return,
including interest, on land only.
Land
development method. (See subdivision development
method. )
Landlocked
parcel. A parcel of land without any access
to a public road or way.
Landlord.
One who owns property and leases it to a tenant.
Land
residual technique. A method of capitalization
using the net income remaining to the land after
return on and recapture of the building value
have been deducted.
Land
trust. A trust originated by the owner of
real property in which real estate is the only
asset. Because the interest of a beneficiary
is considered personal property and not real
estate, ajudgment against the beneficiary will
not create a lien against the real estate. Thus
land trusts are popular when there are multiple
owners who seek protection against the effects
of divorce, judgments or bankruptcies of each
other.
Latent
defect. Physical deficiencies or construction
defects not readily ascertainable from a reasonable
inspection of the property, such as a defective
septic tank or underground sewage system, or
improper plumbing or electrical wiring.
Lease.
A written or oral contract for the possession
and use of real property for a stipulated period
of time, in consideration for the payment of
rent. Leases for more than one year generally
must be in writing.
Leased
fee. The lessor's interest and rights in
the real estate being leased.
Leasehold
estate. The lessee's right to possess and
use real estate during the term of a lease.
This is generally considered a personal property
interest.
Legal
description. A statement identifying land
by a system prescribed by law. (See also lot
and block system, metes and bounds description
and rectangular survey system.)
Lessee.
The person to whom property is leased by another;
also called a tenant.
Lessee's
interest. An interest having value only
if the agreed-on rent is less than the market
rent.
Lessor.
The person who leases property to an- other;
also called a landlord.
Lessor's
interest. The value of lease rental payments
plus the remaining property value at the end
of the lease period.
Letter
of opinion. Report of property value that
states the appraiser's conclusion of value or
a range of values and provides only a brief
summary of the supporting data and appraiser's
analysis.
Letter
of transmittal. First page of a narrative
appraisal report, in which the report is formally
presented to the person for whom the appraisal
was made.
Levy.
To impose or assess a tax on a person or property;
the amount of taxes to be imposed in a given
district.
License.
(1) The revocable permission for a temporary
use of land--a personal right that cannot be
sold. (2) Formal permission from a constituted
authority (such as a state agency) to engage
in a certain activity or business (such as real
estate appraisal.)
LID
- Land improvement district. special tax
or assessment passed on to home buyers to pay
for roadwork and improvements. can last up to
17 years or more, can be billed, monthly, quarterly,
or annually. Usually becomes lien on property
and is passed down to future owners until paid
off.
Lien.
A right given by law to certain creditors to
have their debts paid out of the property of
a defaulting debtor, usually by means of a court
sale.
Life
estate. An interest in real or personal
property that is limited in duration to the
lifetime of its owner or some other designated
person or persons.
Living
trust. An arrangement in which a property
owner (truster) transfers assets to a trustee,
who assumes specified duties in managing the
asset. After the payment of operating expenses
and trustee's fees, the income generated by
the trust property is paid to or used for the
benefit of the designated beneficiary. The
living trust is gaining popularity as a way
to hold title and avoid probate of trust assets.
Lot
and block system. Method of legal description
of an individual parcel of land by reference
to tract, block and lot numbers and other information
by which the parcel is identified in a recorded
subdivision map. Also called lot, block and
tract system and subdivision system.
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