Chapter 3 Flashcards
Accretion
the gradual addition of land by natural causes, such as shoreline movements
Acknowledgment
a formal declaration made before a notary public by a person signing a document. This presents fraudulent and forged documents, such as a deed
Adverse possession
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.
Alienation
the transfer of ownership or an interest in property from one person to another, by any means
Bequeath
to leave or transfer property to someone else via a will
Codicil
an addition to a will that does not revoke the entire will
Constructive Notice
notice given by publication in a newspaper, recording, or other method
Decedent
a person who has died
Deed
a written instrument transferring the grantor’s ownership of, or interest in, real property
Devise
- real property transferred in a will, 2. to transfer real property by will
Erosion
a gradual loss of soil due to natural causes, such as the movement of wind or water
Grantee
a person receiving a grant of real property from the grantor
Grantor
a person transferring title to real property
Habendum Clause
a clause in a deed that describes the type of estate granted, known as the “to have and to hold” clause
Intestate
a person who dies without making a will, causing his or her estate to pass on by the laws of descent and distribution
Legacy
the disposition of money or property by a will
Nuncupative Will
an oral will made on a person’s deathbed; can only transfer personal property, not real property. Not legal in Arizona.
Probate
the legal process of determine the validity of a will, paying the debts of the deceased, and distributing the remaining assets
Quitclaim Deed
a deed that grants any interest in property that the grantor may have
Testate
someone who has died and left a will
Testator
someone who made a will or given a legacy
Title
the right to or ownership of land
Warranty Deed
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
Will
a person’s legally binding instructions regarding how his or her estate should be disposed of after he or she dies. also called testament
