Chapter 1 Deeds and Transfer

Question 1

DEED

Answer 1

Evidence of ownership tangible/corporeal

Question 2

ACKNOWLEDGE

Answer 2

The legal process of having the signature on a contract or other
legal document verified by a notary public

Question 3

ACTUAL DELIVERY

Answer 3

Transferring a deed from the grantor to the grantee by handing
the deed to the grantee or sending it by certified mail.

Question 4

ADMINISTRATOR

Answer 4

A person appointed by the court to carry out the terms of a will.

Question 5

BARGAIN AND SALE

DEED

Answer 5

This deed makes no guarantees as to the condition of the title,
but unlike the Quit Claim Deed, the grantor implies some actual
interest in the property
Not common in Utah

Question 6

BEQUEST OR LEGACY

Answer 6

A gift of personal property given in a will.

Question 7

CODICIL

Answer 7

An addition or change to an existing will.

Question 8

CONSTRUCTIVE

DELIVERY

Answer 8

The process of transferring a deed from the grantor to the

grantee by recording the deed at the county recorder’s office.

Question 9

COVENANT AGAINST

ENCUMBRANCES

Answer 9

This covenant in a deed assures the grantee that the title has no
liens or encumbrances except those that have been revealed by
the grantor.

Question 10

COVENANT OF FURTHER

ASSURANCE

Answer 10

In the event someone makes a claim against the property, the
grantor has the full responsibility to defend the title against
the claimant. This includes producing proper documents to
substantiate the ownership of the grantee, and going to court if
necessary

Question 11

COVENANT OF QUIET

ENJOYMENT

Answer 11

In a deed, the guaranteed right of an owner or lessee legally in
possession of property to uninterrupted use without interference
from any third party claiming superior title.

Question 12

COVENANT OF SEIZIN

Answer 12

This covenant in a deed guarantees the grantor holds title to the
property and has the right to convey it to a grantee.

Question 13

COVENANT OF

WARRANTY FOREVER

Answer 13

If the grantor were to lose in defense of the title, this covenant
guarantees payment for the defense of the title and for damages
caused the grantee, including buying the property back from the
grantee if necessary.

Question 14

DESCENT

Answer 14

The laws by which the court determines ownership of property

of a person who has died intestate, but who has heirs.

Question 15

DELIVERY

Answer 15

The process of the grantor giving the deed to the grantee.

Question 16

DEVISE

Answer 16

A gift of real property given in a will.

Question 17

EXCEPTIONS AND

RESERVATIONS CLAUSE

Answer 17

In a deed, it indicates rights in the real property which will
not be conveyed to the grantee and is another name for the
habendum clause.

Question 18

EXECUTOR

Answer 18

The title of a person named in a will to carry out the terms of the
will after the death of the testator.
In Utah, this person is called a Personal Representative.

Question 19

FORMAL WILL

Answer 19

Most valid form of a will, usually prepared by an attorney. It is
the least likely form of a will to be challenged.

Question 20

GENERAL OR FULL

WARRANTY DEED

Answer 20

A deed that contains all five covenants and covers the period of
time from the date of transfer back to the date of the patent.

Question 21

GRANTEE

Answer 21

One who receives property or property rights from a grantor.

Question 22

GRANTOR

Answer 22

One who conveys property or property rights to a grantee.

Question 23

HABENDUM CLAUSE

Answer 23

Known as the “to have and to hold clause,” and sometimes as
a “subject to” clause, it defines and limits the estate which the
grantee will receive when the property is transferred.

Question 24

HOLOGRAPHIC WILL

Answer 24

A handwritten will, which must be dated, written entirely in the
handwriting of the testator, and does not need witnesses in order
to be valid. It can pass both real and personal property.

Question 25

INTESTATE

Answer 25

The condition of a person who dies and leaves no will.

Question 26

NUNCUPATIVE WILL

Answer 26

Oral will, written down by someone and witnessed by two non

beneficiaries. It can only convey personal property.

Question 27

Patent Deed

Answer 27

This deed, sometimes called a “Public Grant,” is used by the government to
convey public property to private individuals.

Question 28

QUIT CLAIM DEED

Answer 28

A deed that conveys all interest in a property which the grantor
may or may not have, and gives no warranties as to the condition
of title. Its primary use is to remove clouds from the title.
Used most commonly in divorce

Question 29

SPECIAL WARRANTY

DEED

Answer 29

This type of deed contains only two covenants: the covenant of
seizing and the covenant against encumbrances. Furthermore, it
only warrants the period of time that the grantor actually owned
the property

Question 30

TESTATOR

Answer 30

The title of a person who makes a will.

Question 31

THIRD PARTY DELIVERY

Answer 31

Delivery of the deed is accomplished by a disinterested party who
has written, acknowledged instructions from the grantor. It is
also called a deed in escrow.

Question 32

TITLE

Answer 32

An abstract term denoting ownership; not a document.

Incorporeal/intangible