Ch 5 - Transfer Of Title Flashcards

1
Q

The portion of a deed to real property that provides a description of the ownership rights of the transferee of the property

A

Habendum

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2
Q

A formal declaration made before an authorized individual

A

Acknowledgment

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3
Q

Forcing the sale of property by court action to divide a tenancy in common or joint Tenancy

A

Partition

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4
Q

A property owner who dies without leaving a valid last will and testament has died in _______

A

Intestate

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5
Q

The act of transferring title, ownership, an estate, or an interest in real estate from one party to another

A

Alienation

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6
Q

___________ 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

A

Attestation

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7
Q

A written legal document by which ownership of real estate is conveyed from one party to another

A

Deed

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8
Q

True or false:

All states require that the testator possess legal capacity

A

True

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9
Q

A person who dies leaving a valid will is said to have died __________

A

Testate

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10
Q

Allows the unauthorized occupation of another persons land to be the basis for acquiring it

A

Adverse possession act

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11
Q

The controlling provision in the event of a conflict between it and the habendum clause

A

Granting clause

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12
Q

Consideration That has value only to the person receiving it

A

Good consideration

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13
Q

What are the three classifications of wills?

A
  • formal will
  • holographic will
  • noncupative will
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14
Q

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 ___________

A

Accretion

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15
Q

The results of accretion are referred to as ________ And ___________

A

Alluvion and reliction

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16
Q

___________ possession is such that the ordinary person has no doubt as to the nature of the occupancy

A

Actual

17
Q

__________ Possession must be without the owners consent

A

Hostile

18
Q

__________ Possession means the public must be able to observe the control being exercised over the land

A

Notorious

19
Q

What are the five covenants of title?

A
  • covenant of seisin
  • covenant against encumbrances
  • covenant of quiet enjoyment
  • covenant of further assurances
  • Covenant of warranty forever
20
Q

Warranty deeds are either _________ or _________

A

General or special

21
Q
  1. Deed must identify the ___ and ___
  2. Deed must state _________ was given
  3. Deed must contain words of _______
  4. A _______ the cannot possibly be misunderstood
  5. The ______ executes the deed by signing it
A
  1. Grantor and grantee
  2. Consideration
  3. Conveyance
  4. Land description
  5. Grantor
22
Q

________ is a transfer of title made with the owner’s consent

________ is a transfer of title made without the owner’s consent

A

Voluntary alienation

Involuntary alienation

23
Q

What is a filing for an adverse claimant to acquire legal title?

A

An action to quiet table