Reference

Land terms, defined.

Land has its own vocabulary, and most of it is only ever explained to you once, usually at the point where it has already cost you something. These are the terms that decide what a parcel is worth and whether a sale closes.

Title and ownership

Abstract of title

A condensed history of every recorded document affecting a parcel — deeds, mortgages, liens, easements and judgments — assembled in date order.

Still the customary evidence of title in a handful of states where title insurance never displaced it.

Where this comes up →

Chain of title

The sequence of recorded owners of a parcel, each transfer linking to the next, running from the present owner back through time.

A break in the chain — a deed that was never recorded, or an heir who never signed — is the most common reason a land sale cannot close.

Where this comes up →

Cloud on title

Any recorded claim, encumbrance or irregularity that casts doubt on an owner’s title without necessarily defeating it.

Most clouds are cheap to clear and expensive to ignore. They are found by a title search, not by looking at the deed.

Where this comes up →

Quitclaim deed

A deed that transfers whatever interest the grantor happens to have in a parcel, with no warranty that they have any interest at all.

Useful for clearing up a defect between parties who trust each other. A poor instrument for buying land from a stranger.

Where this comes up →

Warranty deed

A deed in which the seller warrants that they hold good title and will defend it against claims — in a general warranty deed, against all claims arising at any time in the parcel’s history.

The strongest ordinary deed. A special or limited warranty deed narrows the promise to the seller’s own period of ownership.

Where this comes up →

Title commitment

A title insurer’s written offer to issue a policy on a parcel, listing what it will insure, what it requires before closing, and what it refuses to cover.

The exceptions schedule is the part worth reading. It is where easements, mineral severances and survey gaps appear.

Where this comes up →

Heirs’ property

Land inherited without a will or a probate, so that ownership passes to multiple descendants as tenants in common, often across several generations and dozens of people.

Any one co-tenant can normally force a sale of the whole parcel. Nobody can convey clear title alone.

Where this comes up →

Tenancy in common

Co-ownership in which each owner holds a separate, undivided fractional share that they may sell or leave by will independently of the others.

Shares need not be equal, and there is no right of survivorship — which is what turns a single inheritance into heirs’ property.

Where this comes up →

Partition action

A lawsuit by a co-owner asking a court to divide jointly held land physically, or to order it sold and the proceeds split.

The usual endgame when co-owners of inherited land cannot agree. Many states have adopted the Uniform Partition of Heirs Property Act to make a forced sale harder.

Where this comes up →

Mineral rights

The ownership of the substances beneath the surface of a parcel, which can be sold or reserved separately from the surface itself.

Where minerals have been severed, the mineral owner generally has the right to use the surface reasonably to reach them.

Where this comes up →

Severed estate

A parcel whose surface and subsurface rights are owned by different parties, usually because a prior owner sold or reserved the minerals.

Common across the plains and the west, and not always visible on an assessor record.

Where this comes up →

Access and boundaries

Two parcels compared. On the left a recorded easement connects the parcel to a public road, giving it legal access. On the right a track crosses a neighbor’s land with nothing recorded, so the parcel is landlocked despite being reachable.
Being able to drive to a parcel and having the right to are different questions. Only the second one is worth money.
A survey section of one square mile containing 640 acres, divided into four quarter sections of 160 acres. The north-east quarter is divided again into four 40-acre quarter-quarter sections, one highlighted.
Where the rectangular survey applies, acreage is described by position rather than by number — which is why so much land comes in forties.
Landlocked parcel

A parcel with no recorded legal access to a public road, so that reaching it requires crossing land belonging to someone else.

Lenders will generally not finance one and title insurers will except access from coverage, which is why the discount is steep.

Where this comes up →

Easement

A recorded right to use part of someone else’s land for a stated purpose — most often access, but also utilities, drainage or conservation.

An easement runs with the land rather than with the owner, so it survives a sale in both directions.

Where this comes up →

Easement by necessity

An access right a court may imply where a parcel was cut off from a public road by a division of land that had previously included access.

It has to be litigated, it depends on the history of the division, and it is not a substitute for an easement in the record.

Where this comes up →

Prescriptive easement

An access right acquired by using someone else’s land openly, continuously and without permission for the period a state’s law requires.

Permission defeats it. A neighbor who has been allowed to cross is not acquiring a right by doing so.

Where this comes up →

Metes and bounds

A boundary description that walks the perimeter of a parcel in bearings and distances from a defined starting point, returning to where it began.

The older of the two systems, standard in the original thirteen states and Texas. Errors compound around the loop.

Where this comes up →

Public Land Survey System

The federal rectangular survey that divides most land west and north of the original colonies into townships, ranges and numbered sections of roughly one square mile.

A section is about 640 acres, so a quarter-quarter section — the classic "forty" — is about 40 acres.

Where this comes up →

Plat

A recorded map showing a parcel’s boundaries, dimensions, easements and its relationship to neighboring parcels and roads.

A plat is a map, not a survey. It shows what was recorded, not what a surveyor found on the ground today.

Where this comes up →

Encroachment

A structure or improvement that extends across a boundary onto a neighboring parcel — a fence, a driveway, the corner of a building.

On vacant land the usual encroachment is a fence built on convenience rather than on the line, which a survey then exposes.

Where this comes up →

Money and taxes

Assessed value

The value a county assessor places on a parcel for the purpose of calculating property tax.

It is not market value and is frequently far from it in either direction. It is the number most often mistaken for what land is worth.

Where this comes up →

Tax lien

A claim a taxing authority places on a parcel for unpaid property tax, which takes priority over most other recorded claims including mortgages.

In lien states the lien itself is sold to investors; the owner keeps title until a separate later step.

Where this comes up →

Tax deed

A deed conveying a parcel to a purchaser at a sale held because property taxes went unpaid, extinguishing most prior interests.

In deed states the sale transfers ownership directly rather than selling a lien against it.

Where this comes up →

Redemption period

The window after a tax sale during which the former owner may recover the parcel by paying the taxes, interest and costs.

Length varies enormously by state, and some states have none at all. Whether it runs before or after the sale also varies.

Where this comes up →

Rollback tax

A retroactive bill for the difference between the tax paid under an agricultural or forestry assessment and what would have been paid at market value, triggered when the land’s use changes.

It follows the change in use rather than the sale, so a buyer who converts the land pays it, not the seller who sold it.

Where this comes up →

Capital gains on land

Tax on the difference between what a parcel sells for and its cost basis, at long-term rates where the land was held more than a year.

Inherited land generally takes a stepped-up basis at the date of death, which frequently means far less gain than owners expect.

Where this comes up →

Cost basis

What a parcel is treated as having cost its current owner for tax purposes — usually the purchase price plus capitalized improvements and certain carrying costs.

Where this comes up →

1031 exchange

A deferral under section 1031 of the Internal Revenue Code allowing gain on investment real property to be rolled into replacement property instead of being taxed at sale.

Strict deadlines apply and the proceeds must never touch the seller’s hands. It does not apply to property held for personal use.

Comparable sale

A recent arm’s-length sale of a similar parcel, used as evidence of what the subject parcel is worth.

On land, "similar" means access, zoning, topography and utilities before it means acreage. Two forties a mile apart can differ by an order of magnitude.

Where this comes up →

Price per acre

Sale price divided by acreage — a way of comparing parcels of different sizes, not a value that can be looked up for an area.

It falls as parcels get larger, so applying a small-parcel figure to a large one overstates value badly.

Where this comes up →

Use and restrictions

Zoning

A local government’s rules governing what a parcel may be used for and what may be built on it, including setbacks, density and minimum lot size.

Some rural counties have no zoning at all, which is not the same as being free of restrictions.

Where this comes up →

Restrictive covenant

A private restriction recorded against a parcel, usually by a subdivision developer, limiting what may be built or done on it.

It binds regardless of what zoning permits, and it is enforced by the other owners rather than by the county.

Where this comes up →

Entitlement

The set of approvals — rezoning, platting, permits, utility commitments — that a parcel needs before it can legally be developed as intended.

Entitled land is worth substantially more than identical unentitled land, because the risk of not getting approval has been removed.

Where this comes up →

Variance

Permission from a local zoning authority to depart from a specific requirement, granted where strict application would create an unnecessary hardship.

Where this comes up →

Buildable area

The portion of a parcel where a structure may actually be placed once setbacks, easements, wetlands, floodplain and slope are subtracted.

On land the number that matters. A twenty-acre parcel with one buildable acre is a one-acre homesite.

Where this comes up →

Perc test

A soil percolation test measuring how quickly water drains, used to determine whether a parcel can support a conventional septic system.

A failed perc on a parcel with no sewer changes what the land is, not merely what it costs.

Where this comes up →

Wetland delineation

A field determination by a qualified consultant of where regulated wetlands begin and end on a parcel.

Federal jurisdiction over wetlands has moved repeatedly in the courts. A delineation from years ago may no longer describe the current rule.

Where this comes up →

Flood zone

FEMA’s classification of a parcel’s flood risk, shown on Flood Insurance Rate Maps and driving both insurance cost and what may be built.

Free to check before you buy, and one of the few diligence items that costs nothing.

Where this comes up →

Conservation easement

A permanent recorded restriction limiting development on a parcel, usually granted to a land trust or agency in exchange for a tax benefit.

It runs with the land forever. A buyer inherits the restriction, not the deduction.

Where this comes up →

The transaction

Purchase and sale agreement

The contract setting out the price, the closing date, the conditions each side must satisfy, and what happens if either fails to.

Where this comes up →

Assignment of contract

The transfer of a buyer’s rights under a purchase contract to a different buyer, who then closes in their place.

Ordinary and lawful where the contract permits it, and increasingly regulated: several states now require the assignor to disclose in writing that they are selling a contract position rather than the land.

Where this comes up →

Due diligence period

A negotiated window after a contract is signed during which the buyer may investigate the parcel and, usually, withdraw for any reason.

Where this comes up →

Earnest money

A deposit made when a contract is signed, held by a neutral party and credited to the price at closing, which the seller may keep if the buyer defaults.

Where this comes up →

Escrow

The arrangement under which a neutral third party holds money and documents until every condition of a sale has been met, then disburses both.

In some states escrow is run by a title company, in others by a licensed attorney. It is not optional in either.

Where this comes up →

Closing costs

The transaction costs of a sale — title work, recording fees, transfer taxes, escrow and attorney fees — apportioned between the parties by contract or by local custom.

Where this comes up →

Transfer tax

A tax levied by a state, county or municipality on the transfer of real property, usually calculated on the sale price.

Some states levy none at all; others levy at two or three levels of government on the same sale.

Where this comes up →

Deed recording

Filing the executed deed with the county so the transfer becomes part of the public record and binds later purchasers.

An unrecorded deed can be valid between the parties and still lose to a later buyer who records first.

Where this comes up →

Remote online notarization

Notarising a signature over live audio-video with an approved provider rather than in physical presence.

Now permitted in most states, which is what makes it practical to sell land in a state you have never been to.

Where this comes up →

As-is sale

A sale in which the buyer accepts the property in its current condition and the seller makes no promise to repair or remediate.

It does not override a state’s disclosure statute. A seller who knows of a material defect generally must still disclose it.

Where this comes up →

Where these terms are used in practice

Definitions are the start of it. What a term costs you depends on the state — a redemption period runs for a few months in one place and several years in another, and whether a closing needs an attorney is not a matter of preference. The state pages cover that state by state, and the guides take the larger ideas — access, value, tax — one at a time.

Tell us about the parcel. We will tell you what it is worth to us.

No listing agreement, no fee, and no obligation to accept anything. If we are not the right buyer for your land, we will say so.