Archives: Glossary

CUT-OVER LAND

Land from which the original growth has been cut away by logging.

CUTS

In construction, the excavation of land into a terrace or terraces, to control flooding, locate a highway, building, or affect the grade for some other purpose.

CY PRES

As nearly as possible. A doctrine used to carry out the intent of the donor when a specific charitable gift fails. Example: Land is left in a will to the X Blood Bank. When the will is probated, X Blood Bank no longer exists. The land is given to the Red Cross.

CYCLICAL MOVEMENT

A term in economics describing the business cycle of the national economy, from good to bad to good again.

DADO

(1) To secure by setting in a groove. (2) To make a rectangular groove in a board or plank.

DALE

A valley between hills or other high ground.

DAM

An earthen, metal, masonry, or wooden wall or barrier across a flow of water, which is used to restrict or prevent the water from flowing.

DAMAGES

(1) Money recoverable by one suffering a loss or injury. (2) The loss of value to property adjoining a property taken in condemnation proceedings, rather than the value of the property taken.

DAMPER

An adjustable plate in the flue of a fireplace or furnace, which is used to control the draft from the flames.

DARK STORE CLAUSE

A clause usually found in a retail store percentage lease stating that the tenant must stay open for business at the site for the full term of the lease, and limits the tenant’s right to open a competitive business.

DATA PLANT

Information on real property, filed and held by an appraiser, lender, etc.

DATED DATE

Indicates the date a document was executed (signed), rather than the date of recording (recording date).

DATUM

A position from which distances are measured.

DATUM LINE

A horizontal line from which heights and depths are measured. Varies with the area but is usually set forth in the local building code.

DBA (DOING BUSINESS AS)

An identification of the owner or owners of a business and the business name. Not a partnership or corporation.

DE

Latin for of; by; from; concerning.

DEAD LOAD

(1) Most commonly, the weight of a truck, exclusive of cargo. (2) The weight of a building or other structure, including furnaces, air conditioning units, elevators, and other permanent machinery, but not furniture, people, or inventory of a business in the structure.

DEAD RENT

A term used in mining to indicate the fixed annual rent, exclusive of royalties. In commercial percentage leases, usually called minimum rent or base rent.

DEAD-END STREET

A street having ingress and egress at one end only. Differs from a cul de sac in that the dead-end street does not have an enlarged area at the closed end for U turns.

DEALER

One who buys and sells real estate as a business, as opposed to an investor. The importance of the term is for tax purposes. If IRS determines that a taxpayer is a dealer, said taxpayer will not be allowed the capital gains benefits of an investor, but will be taxed at ordinary income rates. The term applies to the transactions more than the person. One may be a dealer in certain transactions and an investor in others.

DEAMORTIZATION

A term used to describe a loan with payments that begin at less than interest only.

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