Earnest money - A deposit of funds made by a buyer of real estate as evidence of good faith.

Easement - A non-possessory right to use all or part of the land owned by another for a specific purpose. See also appurtenance and encroachment.

Egress - The right to leave a tract of land. Often used interchangeably with "access."

Eminent domain - The power of a government to take privately-owned property for public purposes under condemnation proceedings, subject to payment of its fair market value.

Encroachment - Any building, improvement, or structure (such as a wall, fence, or driveway) located on one property that intrudes upon the property of another. See also appurtenance and encroachment.

Encumber - To burden a parcel of land with a lien or charge, e.g., a mortgage.

Encumbrance - Any interest, right, lien, or liability attached to a parcel of land (such as unpaid taxes or an unsatisfied mortgage) that constitutes or represents a burden upon the property.

Endorsement - A form issued by the insurer at the request of the insured which changes terms or items in an issued title insurance policy or commitment.

Equity - The market value of real property, less the amount of existing liens.

Equity funds - The purchaser’s investment in the purchase of land, not including any loan proceeds.

Equity participation - A mortgage transaction where the lender, in addition to receiving interest on the loan, acquires an interest in the borrower’s land and shares in the profits derived from the land. See also shared appreciation mortgage.

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

Escrow - Closing a real estate transaction when all required documents and funds are placed with a third party for processing and disbursement.

Estate - The degree, quantity, nature, and extent of interest that a person has in land.

Estoppel - A legal restraint that stops or prevents a person from contradicting or reneging on their previous position, assertions, or commitments.

Et ux - Latin meaning “and wife.”

Examination - The study of the instruments and muniments to a chain of title in order to reach a conclusion as to the status of the title.

Exception - A provision added to Schedule B of a title insurance binder or policy to limit the liability of the insurer for a specific title defect or an outstanding lien or encumbrance.

Exchanger - Same as taxpayer.

Exclusion - Those general matters affecting title to real property excluded from coverage in the Exclusions from Coverage of a title insurance policy.

Execute - To sign a legal instrument. A deed is said to be executed when it is signed, sealed, witnessed, and delivered.

Executor - A personal representative named in a will to administer the estate. “Executrix” is the feminine form.