Chapter 3

Question 1

Accretion

Answer 1

the gradual addition of land by natural causes, such as shoreline movements

Question 2

Acknowledgment

Answer 2

a formal declaration made before a notary public by a person signing a document. This presents fraudulent and forged documents, such as a deed

Question 3

Adverse possession

Answer 3

acquiring title to land because of a long-term, open, and notorious use of the land. Th legal process is called prescription. The required time period in Arizona is 10 years.

Question 4

Alienation

Answer 4

the transfer of ownership or an interest in property from one person to another, by any means

Question 5

Bequeath

Answer 5

to leave or transfer property to someone else via a will

Question 6

Codicil

Answer 6

an addition to a will that does not revoke the entire will

Question 7

Constructive Notice

Answer 7

notice given by publication in a newspaper, recording, or other method

Question 8

Decedent

Answer 8

a person who has died

Question 9

Deed

Answer 9

a written instrument transferring the grantor’s ownership of, or interest in, real property

Question 10

Devise

Answer 10

1. real property transferred in a will, 2. to transfer real property by will

Question 11

Erosion

Answer 11

a gradual loss of soil due to natural causes, such as the movement of wind or water

Question 12

Grantee

Answer 12

a person receiving a grant of real property from the grantor

Question 13

Grantor

Answer 13

a person transferring title to real property

Question 14

Habendum Clause

Answer 14

a clause in a deed that describes the type of estate granted, known as the “to have and to hold” clause

Question 15

Intestate

Answer 15

a person who dies without making a will, causing his or her estate to pass on by the laws of descent and distribution

Question 16

Legacy

Answer 16

the disposition of money or property by a will

Question 17

Nuncupative Will

Answer 17

an oral will made on a person’s deathbed; can only transfer personal property, not real property. Not legal in Arizona.

Question 18

Probate

Answer 18

the legal process of determine the validity of a will, paying the debts of the deceased, and distributing the remaining assets

Question 19

Quitclaim Deed

Answer 19

a deed that grants any interest in property that the grantor may have

Question 20

Testate

Answer 20

someone who has died and left a will

Question 21

Testator

Answer 21

someone who made a will or given a legacy

Question 22

Title

Answer 22

the right to or ownership of land

Question 23

Warranty Deed

Answer 23

a deed in which the grantor fully warrants good and clear title to the property and agrees to defend the premises against the lawful claims of third parties. also called general warranty deed

Question 24

Will

Answer 24

a person’s legally binding instructions regarding how his or her estate should be disposed of after he or she dies. also called testament