Chapter 14 & 15

Question 1

Acknowledgement

Answer 1

A formal declaration made before a notary public or other authorized person, by a person who has executed an instrument, that such execution is his free act and deed.

The signer “acknowledges”
The notary “notarizes”

Question 2

Actual Notice

Answer 2

Consists of expressed information of a fact.
VS constructive notice which is implied by law.

Question 3

Attestation

Answer 3

The act of witnessing in writing another’s execution of an instrument; to affirm to be true or genuine.

Question 4

Bona Fide purchaser

Answer 4

Acting in good faith; without fraud; genuine; real.

Question 5

Constructive Notice

Answer 5

Notice given by the public records; legal presumption of notice given by the public records. Also called legal notice.

VS Actual Notice - expressed information of a fact
Constructive - implied by law

Question 6

Notary Public

Answer 6

Authorized public official, who determines that the person is satisfactorily identified as the same person whose signature now appears.

Question 7

Recording

Answer 7

The act of writing or entering an instrument into a book of public records, which constitutes notice to all persons of the rights or claims contained in the instrument; often called “constructive notice”.

Question 8

Register

Answer 8

Land Court must be registered.
Formal legal written instruments which affect real property should be recorded or registered in the Bureau of Conveyance.

Question 9

Venue

Answer 9

The geographic area in which a court has legal jurisdiction.

Question 10

Administrator

Answer 10

A person appointed by the court to administer the estate of a deceased person who died intestate, or left no will; a personal representative.

Question 11

Alienation

Answer 11

The transferring of real property from one person to another; to transfer.

Question 12

Bargain and Sale Deed

Answer 12

A deed used to convey title to real property; which usually does not include warranties; if any, they are generally an assertion by the grantor that he has possession of the property.

Similar to quitclaim but it at least does imply grantor has marketable title.

Question 13

Conveyance tax

Answer 13

Tax paid by seller upon transfer of deed.

Must be paid within 90 days of any disposition of real property. Seller pays?

Question 14

Covenant

Answer 14

An agreement written into deeds and other instruments which promises or guarantees that something shall or shall not be done; an agreement stipulating certain uses or non-uses of property.

Question 15

Decedent

Answer 15

Person who died.

Question 16

Deed

Answer 16

An instrument in writing, duly executed and delivered by the grantor that conveys to the grantee sone right or interest in or to real estate.
Needed elements: written instrument, legal capacity of grantor, name of both, recital of consideration, words of conveyance, description, grantor’s signature, delivery and acceptance
Not essential- date, acknowledgement, recording, (grantee’s signature)

Question 17

Delivery and Acceptance Decent

Answer 17

Deed must be delivered by grantor and accepted either actually or constructively by the grantee. Release of control.

Question 18

Devise

Answer 18

A gift of realty by will.

Question 19

Escheat

Answer 19

The reverting of property to the state when heirs capable of inheriting are lacking; or the property is abandoned.

Question 20

Executor

Answer 20

A person named in a will to carry out its provisions as to the disposition of the estate of a deceased person; a personal representative.

Question 21

General Warranty Deed

Answer 21

Most commonly used in Hawaii. Offers purchaser the greatest protection. The warranties in a deed are called covenants:
Covenant of Seisin
Covenant Against Encumbrances
Covenant of Quiet Enjoyment
Covenant of Further Assurance
Warrant Forever

Question 22

Habendum Clause

Answer 22

The portion of a deed beginning “to have and to hold” which usually follow the granting clause, and explains or limits the estate granted.

Question 23

Intestate

Answer 23

A person who dies without a will, or with one which is defective in form.

Question 24

Nominal Consideration

Answer 24

One bearing no relation to the real value of the contract. An example is a property deeded for $10.

Question 25

Probate

Answer 25

An action of the court to determine the validity and legality of a last will and testament.

Question 26

Quiet Enjoyment

Answer 26

The right of an owner or tenant legally in possession to the use of property without interference from the landlord, or grantor, or anyone claiming through him.

Question 27

Quitclaim Deed

Answer 27

A deed containing no warranties or covenants, which relinquishes any interest, title or claim in property the grantor may have, if any.

Question 28

Seisin

Answer 28

Possession of real property by one entitled thereto; a warranty that at the time of delivery of a deed, the grantor actually has the right and capacity to convey good legal title; also called “seizen”.

Question 29

Special Warranty Deed

Answer 29

A deed in which the grantor warrants or guarantees the title only against defects arising during his ownership and not against defect existing before the time of his ownership.

Question 30

Testate

Answer 30

To die with a will.