Archives: Glossary

ESA

See Environmental Site Assessment

ESCALATION CLAUSE

A clause in a lease providing for an increased rental at a future time. May be accomplished by several types of clauses, such as (1) Fixed increase – A clause which calls for a definite, periodic rental increase. (2) Cost of living – A clause which ties the rent to a government cost of living index, with periodic adjustments as the index changes. (3) Direct expense – The rent is adjusted according to changes in the expenses of the property paid by the lessor, such as tax increases, increased maintenance costs, etc.

ESCHEAT

A reversion of property to the state in the absence of an individual owner. Usually occurs when a property owner dies intestate, and without heirs.

ESCROW

Delivery of a deed by a grantor to a third party for delivery to the grantee upon the happening of a contingent event. Modernly, in some states, all instruments necessary to the sale (including funds) are delivered to a third (neutral) party, with instructions as to their use.

ESCROW ANALYSIS

A review by a lender to determine if the proper amount is being deposited each month by the borrower to pay taxes and insurance when they become due.

ESCROW INSTRUCTIONS

Instructions which are signed by both buyer and seller, and which enable an escrow agent to carry out the proce- dures necessary to transfer real property, a business, or other assignable interest.

ESCROW OFFICER

An escrow agent. In some states, one who has, through experience and education, gained a certain degree of expertise in escrow matters.

ESTATE

(1) The interest or nature of the interest which one has in property, such as a life estate, the estate of a deceased, real estate, etc. (2) A large house with substantial grounds surrounding it, giving the connotation of belonging to a wealthy person.

ESTATE OF INHERITANCE

An estate which may descend to heirs. For example: A fee estate is an estate of inheritance, whereas a life estate is not.

ESTATE TAX

A tax against the property of a deceased, based on the value of the estate.

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