Archives: Glossary

BED A TREE

Preparing a path (bed) on which a tree is to fall so that it will not be damaged.

BEDROCK

Solid rock beneath the soil, as distinguished from rocks or boulders.

BEFORE AND AFTER METHOD

An appraisal method used in both condemnation and modernization. In condemnation the method is used in a partial taking. The value of the total land owned by A, for example, is $1.00 per sq. ft. After a partial taking, the remaining land of A is worth $.75 per sq. ft. A should receive $1.00 per sq. ft. for the property taken plus $.25 per sq. ft. for the remaining parcel. In the event the remaining property is worth $1.25 after the taking (increased value), the payment to A could be less than the value of the property taken. In modernization, an appraiser may take the value of property before and after remodeling to determine if the value increased more than modernization costs.

BELT HIGHWAY

A limited access highway carrying traffic around an urban area, with entrances and exits to principal streets. Also called a by- pass.

BENCH MARK

Surveying mark made in some object which is permanently fixed in the ground, showing the height of that point in relation to sea level. Used in topographic surveys and tidal observations.

BENEFICIAL ESTATE

An estate, the right to possession of which has been postponed, such as a devise under a will. More commonly, an estate, the legal ownership of which has not yet vested, as under a land contract. An equitable estate.

BENEFICIAL INTEREST

The equitable, rather than legal ownership of property, such as under a land contract.

BENEFICIAL USE

The doctrine, applicable in some areas, pertains to water rights, giving priority to those who would use the water most beneficially.

BENEFICIARY

(1) One for whose benefit a trust is created. (2) In states in which deeds of trust are commonly used instead of mortgages, the lender (mortgagee) is called the beneficiary.

BENEFICIARY’S DEMAND

Written instructions by a beneficiary under a deed of trust stating and demanding the amount necessary for issuance of a reconveyance, whether a full or partial amount.

BENEFICIARY’S STATEMENT

A statement by a lender under a deed of trust, setting forth the pertinent information necessary to assume said deed of trust, such as the unpaid balance, monthly payment, and interest rate.

BENEFIT OF THE BARGAIN

A rule of damages under which a defrauded purchaser may recover the difference between the actual and misrepresented value of the property purchased, even though greater than the actual loss suffered.

BENEFITS

A term used in eminent domain, referring to the increase in value to land not taken, which is produced by the taking. See also: General Benefits; Special Benefits.

BENT

A transverse frame of a building or bridge, designed to support horizontal or vertical loads.

BEQUEST

Traditionally, a gift of personal property in a will. Modernly, a gift of personal or real property. See also: Devise.

BERM

(1) A bench, ledge, or other resting place part way up a hill or slope. (2) A mound used to control drainage by diverting all or part of the flow.

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