Ch. 10 - Deeds Flashcards
Transfer of title to real estate, also called _____, occurs voluntarily and involuntarily.
alienation
Transfer of title to real estate using a written instrument
a conveyance
The grantor must declare before a notary or other authorized person that the grantor’s identity and signature are genuine, and that the deed execution was a free, voluntary act. The grantor then receives a signed _____ by the notary.
Certificate of Acknowledgment
What does the granting clause of a deed do?
It expresses the grantor’s present desire and intention to transfer legal title of a piece of real property to the grantee.
What action is necessary for a title to a property to pass to the grantee?
It is necessary for the deed to be delivered to and accepted by the grantee for title to pass.
Why is an acknowledgement important if it is not needed to make a deed valid?
The acknowledgement is required for the deed to be recorded. So a deed without an acknowledgement might endanger a person’s claim to a property.
A ______ of real property is one which accurately locates and identifies the boundaries of the subject parcel to a degree acceptable by courts of law in the state where the property is located.
legal description
Identifies the boundaries of a parcel of real estate using reference points, distances, and angles.
metes and bounds
In the rectangular survey method, how large is a township in square miles and how large is a township section?
A township is 36 square miles and a section is one square mile or 640 acres.
The ________ , also called the recorded plat method, is used to describe properties in residential, commercial, and industrial subdivisions.
lot and block system
This covenant assures that the grantor owns the estate to be conveyed and has the right to do so.
Covenant of seizen
This covenant assures that there are no encumbrances on the property except those specifically named in the deed.
Covenant against encumbrances
This covenant assures that the grantee will not be disturbed by third party title disputes.
Covenant of quiet enjoyment
This covenant assures that the grantor will assist in clearing any title problems discovered later by obtaining and delivering any instrument needed to make the title good.
Covenant of further assurance
This covenant assures that the grantee will receive good title, and that the grantor will assist in defending any claims to the contrary.
Covenant of warranty forever
It is the deed most used in real estate transfers and offers the greatest protection of any deed. With this type of deed, the grantor gives certain covenants or warranties that promise the grantee will have ownership of the property that is unchallenged.
Full covenant and warranty deed
With a ____ deed, the grantor makes no claim to any interest in the property being conveyed and offers no warrants to protect the grantee. It is often used in divorce settlements.
quitclaim
When a subdivision developer turns the subdivision road or the common ground in the subdivision over to the local government, he or she does so by what’s known as ______ .
dedication or dedication by deed.
______ is the gradual addition of land by alluvial deposits of soil.
Accretion
______ is the sudden loss of land as a result of its being washed away.
Avulsion
Describes the type of estate being conveyed.
Habendum clause
The grantor warrants only against title defects or encumbrances not noted on the deed that may have occurred during the grantor’s period of ownership or trusteeship.
Bargain and sale deed with covenants
The grantor covenants that the title is valid but does not warrant against encumbrances or promise to defend against claims by other parties.
Bargain and sale deed without covenants
A ____ deed is used in bankruptcies and foreclosures.
referee’s
____ is the gradual receding of water from its usual watermark.
Reliction
