Chapter 19 - Legal Descriptions and Deeds Flashcards
Bargain and sale deed
A deed that carries with it no warranties against liens or other encumbrances but that does imply that the grantor has the right to convey title.
Acknowledgement
A formal declaration made before a duly authorized officer, usually a notary public, by a person who has signed a document.
Bargain and sale deed with covenants
A deed in which the grantor warrants and gurantees the title against defects arising during the period of his or her ownership of the property but not against defects existing before that time.
Benchmark
A permanent reference mark or point established for use by surveyors in measuring differences in elevation - see also datum.
Covenant
Agreement written into deeds and other instruments promising performance or nonperformance of certain acts or stimulating certain uses or nonuses of the property.
Datum
Point from which elevations are measured. Mean sea level in New York harbor or local datum.
Deed
A written instrument that, when executed and delivered, conveys title to or an interest in real estate.
Delivery and acceptance
Final action with a deed that transfers title.
Grantee
A person who receives a conveyance of real property from the grantor.
Granting clause
ords within the deed of conveyance that state grantor’s intention to convey the property. This clause generally is worded a “convey and warrant”, “grant”, “grant, batgain, and sell”, or the like.
Grantor
The person transferring title to or an interest in real property to a grantee.
Habendum
Clause as part of deed beginning with “to have and to hold”, following the granting clause, and defining the extent of ownership the grantor is conveying.
Legal description
A description of a specific parcel of real estate complete enough for an independent surveyor to locate and identify it.
Metes and bounds
A legal description of a parcel of land that begins at a well-marked pint and follows the boundaries, using direction and distances around a the tract to the pace of beginning.
Monument
A fixed natural or artificial object used to establish real estate boundaries for metes-and-bounds description. Today monuments ususally reinforcing bars, called rebars, bearing the surveyor’s initials.