-B-
"Back Leg" Reverse Exchange - The Exchange Accommodation
Titleholder (EAT) acquires and holds title to the replacement property and
"parks" this replacement property for up to 180 days, which allows the taxpayer
to find and transfer the relinquished property to a third party buyer. The
taxpayer can "use" (lease) the property that is parked with the Exchange
Accommodation Titleholder.
Back title letter (also called “back title certificate” or “starter”)
- When titles previously have been examined up to a certain date by reliable
examiners, title companies sometimes give subsequent examiners of such titles a
letter that sets forth the condition of the title at the time of the previous
examination and authorizes them to begin their subsequent examination with the
terminal date of the previous examination.
Balloon note - A promissory note with amortization payments
scheduled for a long term, usually 30 years, but maturing in a shorter term,
often five to seven years. It requires a substantial final balloon payment for
the remaining principal.
Bankruptcy - A federal court proceeding under the U.S. bankruptcy
laws where an insolvent debtor either has its estate liquidated and its debts
discharged or is allowed to reorganize its affairs under the protection of the
bankruptcy court.
Base Line - (1) A survey line used in the government survey to
establish township lines. The baseline runs East and West through a
principal meridian (line running North and South). (2) A horizontal
elevation line used as the centerline in a survey for a highway route.
Base title (also called a “basic title”) - Title to an area or
tract out of which parts are subsequently conveyed or from which a subdivision
or development is made.
Basis - The starting point for determining gain or loss in any
transaction. In general, basis is the cost of the taxpayer's property.
Basis in the Replacement Property - The basis of the taxpayer's
relinquished property with appropriate adjustments.
Benchmark - 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.
Beneficiary (of a trust) - A person designated to receive benefits
from a trust estate.
Blanket Easement - an easement that grants the right to locate or change for example a pipeline anywhere on a tract in the future, as long as the land that it covers is locatable. When an easement lies within a certain tract, but is not locatable due to a general or vague description, it is commonly referred to as a blanket easement. These general descriptions often mean that the easement could lie anywhere within the subject property.
Blanket Mortgage - (1) A mortgage covering more than one
property of the mortgagor, such as a mortgage covering all the lots of a builder
in the subdivision. (2) A mortgage covering all real property of the
mortgagor, both present and future. When used in this meaning, it is also
called a "general mortgage".
Bond - (1) A surety insurance agreement under which one party
agrees to pay, within stated limits, financial loss caused to another by
specified acts or defaults of a third party. (2) An interest-bearing security
evidencing a long-term debt, issued by a government or corporation, and
sometimes secured by a lien on property.
Boot - All property given or received in an exchange which is not
like kind. In an exchange of real property, any consideration received other
than real property is non-like kind and is considered boot. (See also cash boot
and mortgage boot.)
Breach of contract - Failure to perform a contract, in whole or
in part without legal excuse.
Breach of covenant - The failure to do or to refrain from doing
that which was covenanted.
Breach of Warranty - In real property, the failure of the seller to pass title as either expressed or implied (by law) in the conveyancing document.
Bridge Financing - A form of an interim loan, generally made between a short
term loan and and a permanent (long term) loan, when the borrower needs to have
more time before taking the long term financing.
Building codes - Local or state laws that control accepted
building and construction practices.
Building lines (also called “setback lines”) - Lines fixed at a
specified distance from the front or sides of a lot or at a certain distance
from a road or street. No building on the lot may project outside the area
defined by the building lines.
Build-To-Suit (Construction) Exchange - A build-to-suit (or
construction) exchange allows improvements or repairs to be made on a
replacement property before it is transferred to the taxpayer.
Bureau of Land Management — The branch of government in charge of
surveying and managing public lands.
Buyer - The person who wants to acquire the exchanger's property.