Plain-English notary terms, expanded for Louisiana-style documents and legal language.

Abstract

A history of the title to property as shown by the public records.

Acknowledgment

A formal declaration by a signer before a notary that the signature is theirs and that they signed willingly.

Acknowledged act

A written act signed by the parties in the presence of witnesses and later acknowledged before a notary and witnesses.

Acknowledgment of paternity

A formal written declaration establishing a person as the natural father of a child.

Acceleration clause

A contract clause allowing a lender to demand full payment after a specified default or triggering event.

Accession

The acquisition of title to additions or improvements attached to property.

Accessory contract

A contract that exists to secure performance of another obligation, such as a mortgage or suretyship.

Acquets and gains

A Louisiana civilian concept tied to community property acquired during marriage.

Acquisitive prescription

A way of acquiring ownership or rights through possession over time.

Acquittance

A written release from an obligation.

Act under private signature

A written instrument signed without a notary, and which may or may not be witnessed.

Act of donation

A Louisiana document used to transfer something of value from one person to another as a gift.

Administrator

A court-appointed person who manages the estate of someone who died without a will.

Affiant

The person who makes and signs an affidavit.

Affidavit

A written statement of facts sworn to before a notary.

Affidavit of distinction

An affidavit used to distinguish one person from another person with a similar name in public records.

Agreement

Another word for a contract.

Agreement to sell or buy

A binding contract to buy or sell in the future.

Aleatory contract

An agreement whose effects depend on an uncertain event.

Alienate

To transfer ownership of property or rights to someone else.

Alluvion

An increase in land caused by deposits from running water.

Antichresis

A pledge involving immovable property where revenues from the property secure the debt.

Appearance clause

A clause identifying the full legal status of the person or entity appearing in an instrument.

Appearer

A person who appears before a notary or other authorized official to declare, sign, or acknowledge a document.

Appraisal

The process of determining the value of property.

Appurtenances

Rights or things attached to and used with the main property.

Ascendant

An ancestor such as a parent or grandparent.

Assignment

The transfer of a claim, right, interest, or property from one person to another.

Assumption deed

An act of sale where the buyer assumes payment of the seller’s mortgage.

Attest

To witness something and confirm it happened.

Attorney in fact

A person authorized to act for another, usually through a power of attorney.

Authentic act

A writing executed before a notary and witnesses, signed in the required form.

Base line

An east-west reference line used in land description systems.

Bequest

A gift of property made in a will.

Bill of sale

A document transferring title to movable property.

Bond

A financial guarantee or security obligation.

Bond-for-deed contract

A contract where title transfers only after the full purchase price has been paid.

Boundary line

The dividing line between adjoining lands.

Cancellation of a mortgage

The process of updating the public records to show that a mortgage has been extinguished.

Capacity

The legal ability of a person to understand and validly enter into a document or contract.

Cash deed

A common-law term for an act of sale where the purchase price is paid in cash and acknowledged by the seller.

Chattel

Movable property.

Code

A formal collection of laws, such as the Civil Code or Code of Civil Procedure.

Codicil

An amendment or supplement to a will.

Collateral

Property pledged as security for a debt.

Collateral mortgage

A Louisiana mortgage structure used to secure a mortgage note pledged as collateral for debt.

Collation

The supposed or actual return of donated property to the succession mass for division among heirs.

Common things

Things that cannot be owned by anyone, like air or the high seas.

Community property

Property owned in common by spouses under the community regime.

Component parts

Things legally treated as part of land, such as buildings, standing timber, and certain crops.

Confession of judgment

An agreement allowing judgment to be entered upon default, commonly used in some mortgages.

Confusion

When the same person becomes both obligee and obligor, extinguishing the obligation.

Consideration

A common-law term for the thing given or promised to support a contract.

Conveyance records

The public records of sales and donations of immovable property.

Corporation

A separate legal business entity formed by filing articles of incorporation.

Corporeals

Things that have a physical body and can be touched.

Counter letter

A separate writing expressing the true intent of the parties, often not effective against third parties unless recorded.

Credit deed

An act of sale of immovable property on credit terms.

Cum onere

A purchase made with an existing burden, such as a mortgage not assumed by the buyer.

Curator

A court-appointed person who manages the affairs of someone legally incapable of doing so.

Dation en paiement

A transfer of property to a creditor in payment of a debt.

Decedent

A person who has died.

Descendants

Children, grandchildren, and later generations in the direct line.

Dishonor

The non-acceptance or non-payment of an instrument such as a check or note.

Disinherison

The legal act of depriving a forced heir of inheritance for recognized cause.

Disposable portion

The part of a testator’s property that can be left to anyone the testator chooses.

Domicile

A person’s habitual residence.

Donation inter vivos

A present and irrevocable gift made during the donor’s lifetime.

Donation mortis causa

A donation meant to take effect at death, and revocable during life.

Donee

The person receiving a gift or donation.

Donor

The person giving a gift or donation.

Drawee

The party, often a bank, on whom an order for payment is drawn.

Drawer

The person who creates an order for payment, such as writing a check.

Earnest money

A down payment in a real estate deal that may be forfeited or doubled depending on who backs out.

Easement

A limited right to use another person’s property, called a servitude in Louisiana.

Emancipation

The act of giving a minor some or all of the effects of majority.

Encumbrance

A burden on property, such as a mortgage, lien, or privilege.

Endorsement

A signature that transfers rights in or guarantees a negotiable instrument.

Escrow

Property or money held by a third party until stated conditions are met.

Estate

The property, rights, and obligations a person leaves at death.

Et seq.

Latin shorthand meaning “and the following.”

Exchange

A contract where parties transfer property other than money to one another.

Executor / Executrix

A succession representative named in a will to administer the estate.

Executory process

A court process allowing seizure and sale of mortgaged property without ordinary delays when legal requirements are met.