4 - Transfer of Title to Real Property (4 / 0) Flashcards
Title to RE passes when a valid deed is
signed, delivered and accepted
Only Grantor is required to sign a deed, not the grantee
Conner Act (NC)
Requires deed to be recorded to be enforceable
Devise
Passing of real property through a will
Testate / Intestate
Dies with a will / dies without a will
Adverse Possession
Taking of private property from a private owner
Must be open, continuous, exclusive (20 years in NC), adverse and notorious
Quitclaim Deed
Contains no warranties of ownership or encumbrances, states grantor is surrendering a right or interest in the property “if they have any”
General Warranty Deed
Highest and best deed, makes most promises by the grantor
Special Warranty Deed
Limited, only protects grantee as to actions which occurred during the grantor’s term of ownership
Actual Notice vs. Constructive Notice
Things that we see (e.g. physically taking possession) vs. Recordation, the act of placing documents into a public database
Excise Tax
Paid on the sales price, $1 for each $500, always round up SALES PRICE to nearest $500 increment