ABSTRACT OF TITLE - a condensed history of the title consisting of the various links in the chain of titles, together with statement of all liens, encumbrances, or conditions affecting the title.
AIR RIGHT - right of a landowner to use and control the air space over his land, subject to the requirements of aerial navigation, law, or contract.
CAPITAL PROPERTY - refers to property exclusively owned by the husband.
CLOUD ON TITLE - an outstanding claim which, if valid, will impair or adversely affect the owner’s title. Example : “A” bequests a parcel of land to "B" in his will. "A’s" widow is contesting the validity of the bequest. During the pendency of the case, there is a cloud on B’s title.
DOMINANT ESTATE - land which does not have access to a public road which is given a right of way through an adjoining land.
EMINENT DOMAIN - right of the state or any of its instrumentalities to take private property for public use upon payment of just compensation.
ESCHEAT - reversion of private property to the State due to the intestate death of the owner who is not survived by any legal heir; or the confiscation of illegally acquired property.
FEE SIMPLE - the bundle of rights which are inherent in ownership without any limitation or restrictions other than those provided by law, annotated on the title, or stipulated by contract. The bundle of rights includes the right to possess, to use, to dispose, to the fruits, and to recover.
PARAPHERNAL PROPERTY - refers to property exclusively owned by the wife.
RIPARIAN OWNER - an owner whose land abuts the bank of a river.
STEWARDSHIP CONCEPT OF OWNERSHIP - a mandate to owners to use their property in a manner that will promote not only their interest but also the general welfare, and further decrees that when one’s utilization is not conducive to general welfare or the extent of his ownership exceeds the requirements of his necessities, then the State may exercise its power to regulate and control ownership.
SERVIENT ESTATE - land through which a right of way is given in favor of another land.
TENANT’S RIGHT OF FIRST REFUSAL - the priority right of a lessee of land on which he has build his house to buy the land provided that 1) he is a legitimate tenant for at least 10 years; 2) the land is located in an urban land reform area; and 3) the owner is selling the land.
