Chapter 12 - Deeds Flashcards
What is a deed?
is a written instrument which transfers an interest, right or title in realty.
What is intestate?
A person who dies without a will is said to have died intestate and title to property owned at death is transferred by operation of law to the decedent’s heirs by law of descent.
What is testate?
A person who dies leaving a will is said to have died testate, and the decedent’s property is transferred and distributed according to the provisions of the will.
What is involuntary alienation?
is a transfer without the owner’s consent. Examples include: (a) adverse possessions, (b) condemnation, (c) tax sales or public sales in actions to enforce liens, and (d) escheat
What is voluntary alienation?
The common means of transferring title to realty property from one person to another
What is a dedication?
Transfer of streets and sidewalks to a city or municipality to maintain.
What is a warranty deed?
also known as a full covenant and warranty deed, is the one considered to offer the purchaser of real estate the greatest protection of any deed. The grantor in a warranty deed warrants or guarantees the title against defects existing before the grantor acquired title or arising during the grantor’s period of ownership.
What is a covenant of seisin?
Here the grantor states that he or she actually owns and possesses the land and has the right to convey it to another.
What is covenant against encumbrance?
This is a guarantee that if there are any encumbrances except those specifically mentioned in the deed, then the covenant is violated and the grantee can sue the grantor. Examples of encumbrances are tax liens, easements, deed restrictions, encroachments, etc.
What is a covenant of quiet enjoyment?
This is a promise by the grantor that the grantee can use and enjoy the property without interference of possession by someone with a superior title.
What is a covenant of further assistance?
by this covenant the grantor promises to perform any reasonable acts necessary to make the title good. For example, if the legal description in the original deed is flawed, the grantor must correct it. For example, if the legal description in the original deed is flawed, the grantor must correct it.
What is a covenant of warranty forever?
Here the grantor promises to pay for defense of the grantee’s title if it is challenged by a third party. Under this covenant, the grantor is also liable to the grantee for the value of the property if the grantee is evicted by a third party who had a superior title.
What is a special warranty deed?
also known as a Bargain and Sale Deed with Covenants Against Grantor’s Acts. A bargain and sale deed is a deed which supports a conveyance of property, but does not carry with it all of the warranties found in a warranty deed. This is the customary form of conveyance used today in NJ.
