EARNEST MONEY

The advance, by a purchaser, or a small part of the purchase price as evidence of good faith.

EASEMENT

A right held by a person to enjoy or make limited use of another's real property.

EGRESS

The right to a path or right-of-way over which a person may leave or go away from his own real estate.

EJECTMENT

(1) Eviction or dispossession.  (2) A law suit to regain possession of real estate held by another.

EMINENT DOMAIN

The right of a government to take privately owned property for public purposes under condemnation proceedings upon payment of its reasonable value.

ENCROACHMENT

The extension of a structure from the real estate to which it belongs across a boundary line and onto adjoining property.

ENCUMBRANCE

A claim, right, or lien upon the title to real estate, held by someone other than the real estate owner.

EQUITABLE RIGHTS

Rights established primarily by court decisions based upon principles of fairness, honesty, justness and morality and not upon enacted law or common law.

EQUITY

A system of jurisprudence supplementing the common law and enacted law under which justice, impartiality, and fairness is applied in circumstances not covered by enacted or common law.

EQUITY OF REDEMPTION

The right of one who has mortgaged his property to redeem that property upon payment of the mortgage debt, and especially the right to redeem within a reasonable time after the due date.

EROSION

The wearing away of land surfaces by forces of nature such as winds and water.

ESCHEAT

The reversion of property to the state when an owner dies leaving no legal heirs, devisees or claimants.

ESCROW

Technically, this term strictly refers to a deed delivered to a third person to be held by him until the fulfillment or performance of some act or condition by the grantee.  In title industry parlance it means the depositing with an impartial third party called the escrow agent (usually the title company) of anything pertaining to a real estate transaction including money and documents of all kinds which are to be disbursed and delivered to the rightful parties by the escrow agent when all conditions of the transaction have been met.

ESCROW AGREEMENT

A written agreement usually made between buyer, seller, and escrow agent, but sometimes only between one person and the escrow agent.  It sets forth the conditions to be performed incident to the object deposited in escrow, and gives the escrow agent instructions with respect to the disposition of the object so deposited.

ESTATE

(1) A sizable piece of rural land usually with a large house and other pretentious improvements.  (2) The whole of one's possessions, especially all of the property, assets, debts, and liabilities left by a deceased or bankrupt person.  (3) The nature and extent of an owner's rights in real estate.

ESTATE BY ENTIRETIES

An estate or interest in real estate predicated upon the legal fiction that a husband and wife are one person.  A conveyance or devise to them (unless contrary intent is expressed) vests title in them as one person.  Upon the death of either husband or wife, full title passes to the survivor.

ESTOPPEL

A legal restraint which stops or prevents a person from contradicting or reneging on his previous position or previous assertions or commitments.

ET UX

Abbreviations of Latin "et uxor" meaning "and wife".  Joe Doaks et ux means Joe Doaks and wife.

ET VIR

A Latin term meaning "and husband."  Jane Allen et vir means Jane Allen and husband.

EVICTION

To expel or oust a person, by legal process, from possession of real estate.

EXAMINATION

In title industry parlance, to peruse and study the instruments and muniments incident to a chain of title and to determine their effect and condition in order to reach a conclusion as to the status of the title.

EXAMINER

Usually referred to, in title industry parlance, as title examiner.  One who examines and determines the condition and status of real estate titles.

EXCEPTION

In title industry parlance, a provision in a title insurance binder or policy which excludes liability regarding a specified title defect or an outstanding lien or encumbrance.

EXECUTE

(1) To create and make valid a real estate instrument. A deed is said to be executed when it is signed, sealed, witnessed and delivered.  (2) To perform or do whatever is required.

EXECUTION

The act of executing.  (See Execute.)

EXECUTOR

A person named in a will to carry out its provisions.