Ch 9 Flashcards

1
Q

what is a title

A

the collection of rights one has when owning real property

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2
Q

What is an equitable title

A

right to full ownership of property when someone else has legal title

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3
Q

“alienation”

A

to transfer a title (with deed or operation of law)

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4
Q

“testator”

A

person making will

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5
Q

“devisee”

A

person receiving will

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6
Q

What is needed to make a will valid

A

18+ yrs of age, testator is of sound mind, proper verbiage, no influence on testator, state specified number of witnesses

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7
Q

“escheat”

A

the transfer of land to the state because owner dies with no heirs

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8
Q

“eminent domain”

A

take property for public use

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9
Q

What is the role of the title company

A

Reviews title, issues insurance policies, facilitates closings, and files and records paperwork.

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10
Q

purpose of title insurance

A

to protect against any hidden claims that don’t surface before closing

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11
Q

what is a deed

A

the document to transfer ownership from grantor to grantee

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12
Q

three parts to a deed

A

premises (names and property description)
habendum (defines ownership/limitations)
testimonium (signed wishes of grantor)

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13
Q

4 types of deeds

A
general warranty (most often used)
special warranty (used by large corps/banks)
bargain & sale of deed
quit claim (grantor "quits" any interest in the property
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14
Q

“easement”

A

gives someone else use of property while owner still owns

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15
Q

easement terminations

A
  • purpose no longer there
  • quit claim by owner
  • destruction of property
  • court determined excessive use
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16
Q

The three methods of legal description of land

A
  1. metes and bounds (distance/direction)
  2. rectangular government survey (begins in Tallahassee)
  3. lot and block number on plat map (subdivision)
17
Q

Section is 640 acres and you want to buy SW 1/2. How many acres is that?
Now determine acreage of
E1/2 of the NW 1/4 of the NE 1/4 of the SW 1/4

A

320
244*4= 128
128/640= 5 acres

18
Q
1 mi =
1 sq yd =
1 cubic yd =
1 sq mi =
1 acre =
A
5,280 ft
9 sq ft
27 ft
640 sq ft
43,560 ft
19
Q

purpose of contract

A

valid, voidable, and enforceable document that deciphers legal effect

20
Q

“earnest money”

A

good faith deposit

21
Q

what is equitable title

A

interest buyer has in property between offer and closing. (important if house were to burn down, etc)

22
Q

Bilateral contract

A

“two-way” sales contract

23
Q

unilateral contract

A

“one-way” seller promises to sell IF buyer will buy at later date.

24
Q

expressed contract

A

oral or written with specific terms (i.e. purchase price)

25
implied contract
not written, but implied.
26
executory contract
contract in process
27
executed contract
completed
28
informal contract
oral; not enforceable
29
what results in contract termination?
performance (completed), mutually recind, operation of law (bankruptcy or eminent domain)
30
"novation"
change original terms of contract
31
"parol evidence rule"
written word take precedence over oral in contract law
32
"assignment of contract"
third person takes place of an original person
33
List types of listing agreements
1. open listing- any number of brokers are hired and whomever sells gets commission 2. exclusive- one broker, but no commission if owner sells. 3. exclusive right to sell- listing broker is entitled to commission regardless.