Chapter 1 Deeds and Transfer Flashcards
DEED
Evidence of ownership tangible/corporeal
ACKNOWLEDGE
The legal process of having the signature on a contract or other
legal document verified by a notary public
ACTUAL DELIVERY
Transferring a deed from the grantor to the grantee by handing
the deed to the grantee or sending it by certified mail.
ADMINISTRATOR
A person appointed by the court to carry out the terms of a will.
BARGAIN AND SALE
DEED
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
BEQUEST OR LEGACY
A gift of personal property given in a will.
CODICIL
An addition or change to an existing will.
CONSTRUCTIVE
DELIVERY
The process of transferring a deed from the grantor to the
grantee by recording the deed at the county recorder’s office.
COVENANT AGAINST
ENCUMBRANCES
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.
COVENANT OF FURTHER
ASSURANCE
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
COVENANT OF QUIET
ENJOYMENT
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.
COVENANT OF SEIZIN
This covenant in a deed guarantees the grantor holds title to the
property and has the right to convey it to a grantee.
COVENANT OF
WARRANTY FOREVER
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.
DESCENT
The laws by which the court determines ownership of property
of a person who has died intestate, but who has heirs.
DELIVERY
The process of the grantor giving the deed to the grantee.
DEVISE
A gift of real property given in a will.
EXCEPTIONS AND
RESERVATIONS CLAUSE
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.
EXECUTOR
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.
FORMAL WILL
Most valid form of a will, usually prepared by an attorney. It is
the least likely form of a will to be challenged.
GENERAL OR FULL
WARRANTY DEED
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.
GRANTEE
One who receives property or property rights from a grantor.
GRANTOR
One who conveys property or property rights to a grantee.
HABENDUM CLAUSE
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.
HOLOGRAPHIC WILL
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.
INTESTATE
The condition of a person who dies and leaves no will.
NUNCUPATIVE WILL
Oral will, written down by someone and witnessed by two non
beneficiaries. It can only convey personal property.
Patent Deed
This deed, sometimes called a “Public Grant,” is used by the government to
convey public property to private individuals.
QUIT CLAIM DEED
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
SPECIAL WARRANTY
DEED
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
TESTATOR
The title of a person who makes a will.
THIRD PARTY DELIVERY
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.
TITLE
An abstract term denoting ownership; not a document.
Incorporeal/intangible
