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E

electronic contracting

a process of integrating information in a real estate transaction between clients, lender and title and closing agents electronically.

Electronic Signatures in Global and National Commerce Act (E-Sign)

an act that makes contracts (including signatures) and records legally enforceable regardless of the medium in which they are created.

emblements

Growing crops, such as grapes and corn, that are produces annually through labor and industry; also called fructus industriales.

eminent domain

is the power of the government to take private property for public use for just compensation under the Fifth Amendment to the U.S. Constitution. This is one of the four powers of government which institutes public limitations on real property. The four powers are: Police power, Eminent domain, Taxation, and Escheat, remembered by the acronym PETE.  

A recent decision in Kelo v. City of New London, 545 U.S. 469 (2005) has challenged the historical understanding. In Kelo, the Supreme Court of the United States permitted the city of New London, Connecticut to use eminent domain to transfer land from one private owner to another private owner to further economic development. The Court held in a 5-4 decision that the general benefits a community enjoyed from economic growth qualified such redevelopment plans as a permissible "public use" under the Takings Clause of the Fifth Amendment.

employee

someone who works as a direct employee of an employer and has employee status. The employer is obligated to withhold income taxes and social security taxes from the compensation of employess. See also independent contractor.

encapsulation

is another way of asbestos control; sealing off of disintegrating asbestos.


encroachment

is the unauthorized extension of one property onto another property’s land or into its air space.

encumbrance

is a right or interest in real estate held by someone other than the owner (or title holder). It is an impediment to free and clear title – although not all encumbrances will adversely affect the transfer of real estate.

Encumbrances are divided into two categories, monetary and non-monetary. Monetary encumbrances (liens) affect the title and may affect the transfer of ownership; whereas non-monetary encumbrances affect the condition of the property and are not likely to interfere with a transfer of title – although some could.

entrepreneurial profit

is the reward or incentive for taking the risk associated with the construction of the improvements.

environmental impact statement (EIS)

A report that includes a description of a development project with emphasis on the environmental setting and a description of the impact the project could have on the environment during the whole process of the project.



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