Ch 5 - Transfer Of Title Flashcards
The portion of a deed to real property that provides a description of the ownership rights of the transferee of the property
Habendum
A formal declaration made before an authorized individual
Acknowledgment
Forcing the sale of property by court action to divide a tenancy in common or joint Tenancy
Partition
A property owner who dies without leaving a valid last will and testament has died in _______
Intestate
The act of transferring title, ownership, an estate, or an interest in real estate from one party to another
Alienation
___________ Is the name of the procedure in which a testator declares in the presence of two or more witnesses that the instrument is his last will and testament and that he is voluntarily signing it; at the request of the testator and in his presence and in the presence of each other, the witnesses must sign the will
Attestation
A written legal document by which ownership of real estate is conveyed from one party to another
Deed
True or false:
All states require that the testator possess legal capacity
True
A person who dies leaving a valid will is said to have died __________
Testate
Allows the unauthorized occupation of another persons land to be the basis for acquiring it
Adverse possession act
The controlling provision in the event of a conflict between it and the habendum clause
Granting clause
Consideration That has value only to the person receiving it
Good consideration
What are the three classifications of wills?
- formal will
- holographic will
- noncupative will
With regard to natural causes, the owner of land fronting on a lake, river or ocean may acquire additional land due to the gradual accumulation of rock, sand and soil through the process of ___________
Accretion
The results of accretion are referred to as ________ And ___________
Alluvion and reliction
___________ possession is such that the ordinary person has no doubt as to the nature of the occupancy
Actual
__________ Possession must be without the owners consent
Hostile
__________ Possession means the public must be able to observe the control being exercised over the land
Notorious
What are the five covenants of title?
- covenant of seisin
- covenant against encumbrances
- covenant of quiet enjoyment
- covenant of further assurances
- Covenant of warranty forever
Warranty deeds are either _________ or _________
General or special
- Deed must identify the ___ and ___
- Deed must state _________ was given
- Deed must contain words of _______
- A _______ the cannot possibly be misunderstood
- The ______ executes the deed by signing it
- Grantor and grantee
- Consideration
- Conveyance
- Land description
- Grantor
________ is a transfer of title made with the owner’s consent
________ is a transfer of title made without the owner’s consent
Voluntary alienation
Involuntary alienation
What is a filing for an adverse claimant to acquire legal title?
An action to quiet table