Chapter 4 Flashcards
Absolute Delivery
A grantor’s hand delivery of a deed to the grantee
Abstract of Title
A condensed history of all conveyances, liens, encumbrances, judgements, and other court decisions affecting the property
Accession
The acquisition of title by the owner of real property to those things attached to the property by others, such as tenants or trespassers or by nature
Accretion
The gradual addition to land resulting from some natural force, such as the action of water or wind. The two processes of accretion are alluvion and dereliction
Acknowledgment
A formal declaration made by the grantor in the presence of an authorized official, usually a notary public, that the deed was signed voluntarily. The purpose is to prevent forgery and the fraudulent inducement of a conveyance. Required in most states for recording but has no effect on validity.
Action to quiet title
A court action to settle a title dispute or clear a title of defects
Actual notice
Knowledge that one acquires from what is heard, read or observed
Administrator
A person appointed by a probate court to oversee distribution of property and to satisfy all debts out of the assets of the state of a person who died without leaving a valid will or did not name an executor
Administrator’s Deed
A deed executed by an administrator to convey title to real property owned by a person who died intestate or did not name an executor
Adverse possession
A method of acquiring title to real property by the unauthorized occupation of another persons land. The adverse claimants possession must be actual, hostile, open, notorious, exclusive, and continuous for a period of time required by state law.
Doctrine of After Acquired Title
A principle of law which enables a prior grantee to automatically acquire title to real estate after a grantor has attempted to convey title but, in fact, did not have a good title
Alluvion
A form of accretion where soil is gradually accumulated on land bounded by a river, lake, or other body of water as a result of action of the water
Alluvium
Soil accumulated by the process of alluvion
ALTA
American Land Title Association -
An organization of the title insurance companies, title attorneys, and others interested in land titles whose purpose is to promote professional standards and ethics throughout its industry
Attestation
The act of witnessing a person‘s signing a document, such as a deed or will, and then signing the document as a witness
Avulsion
The loss of land caused by a sudden or violent change in the course of a river, stream, or other body of water
Bargain and Sale Deed
A deed which contains neither expressed nor implied warranties of title, but the grantor implies ownership of the property described in the deed
Bequest
Personal property received by will
Certificate of Title
A title examiners written opinion of the current condition of a property title based on a search of the public records dating back for a specified number of years
Chain of Title
The recorded history of convences affecting a property‘s title beginning with the original patent or grant from the government and continuing to the current owner
Cloud on the Title
Any clean, lien, or encumbrance that impairs title to real estate
Codicil
A written instrument executed for the purpose of amending an existing will
Color of Title
A title condition which appears to be good but in fact is not valid due to a certain defect, such as a forged deed
Condemnation
A legal proceeding to exercise the power of eminent domain to take private property for public use
Constructive Notice
Knowledge that one is presumed by law to have, even though there is no actual knowledge of the fact. Constructive notice may be given by recording an instrument in the public records or by taking possession
Conveyance
The document used to transfer interest in real property. Such as deeds, leases, mortgages etc.
Covenant Against Encumbrances
AD provision which assures the grantee the title to the property is free from any and all encumbrances not excepted in the deed or visible on the premises, or recorded in public records
Covenant of Further Assurances
A deed provision in which the grand tour promises to perform any act necessary to produce whatever documents are required to perfect title to the grantee
Covenant of Quiet Enjoyment
A deed provision in which the grantor promises that the grantee shall be free of interference from acts or claims of others having a superior title to the property.
Covenant of Seisin
A deep provision in which the grand tour promises that at the time of convenience, he or she owns the property and asked the right to convey title to it
Covenant of Warranty Forever
A deed provision in which the grantor promises to compensate the grantee for any loss suffered while defending the title against persons asserting a genuine claim to the property from any time in the past
Covenants of Title
Either expressed or implied the provisions in which the grantor promises that certain conditions of title exist. If it is later proven that those conditions do not exist, the grantor is obligated to compensate the grantee for any actual damages which result
Decedent
A deceased person
Dedication
The act of giving to a government real property which is designated for public use
Deed
A written instrument which, when properly executed and delivered by the grantor during the grantor’s lifetime, conveys the grantor’s interest to the person who accepts it, known as a grantee
Deed in Foreclosure
Also known as Sheriff’s Deed
Correction Deed
Also known as Deed of Reformation
Deed in Partition
A deed issued by the court when property is sold at a partition sale for the purpose of the a joint tenancy or tenancy in common ownership
Deed of Teformation
A deed which corrects an error in another deed
Deed of trust
A deed used in many states in Lou of a mortgage. Title is held by a trustee on behalf of the lender (beneficiary) until the borrower (trustor) repays the loan
Dereliction
A process of accretion whereby usable land is gradually exposed when a body of water receded and remains below it’s normal waterline
Devise
A gift of real property by will
Devisee
A person named to receive real property by will
Devisor
A person who disposes of real property by will
Erosion
The gradual wearing away of land caused by the action of water or wind
Escheat
A government right for land to go back to the state when the owner dies without leaving a will and without heirs
Exception
A deed provision which excludes from the conveyance some portion of the property granted
Executor
Person named in will to carry out the directions and requests of the deceased
Executors deed
A deed executed by an executor to convey title to real property owned by decedent who left a valid will
Foreclosure sale
A court-ordered proceeding to sell property to satisfy certain debts of the owner
Formal Will
A typed or pre-printed will usually prepared by an attorney. The instrument must comply with state requirements and be properly witnessed
General Warranty Deed
A deed which offers the most comprehensive title protection of any deed. The grantor fully warrants good title to the property through the expressed or implied covenant of seizin, covenant against encumbrances, covenant of quiet enjoyment, covenant of warranty forever, and the covenant of further assurances. The covenants apply to defects occurring at any time before title is conveyed by the grantor
Genuine Assent
An essential element of a contract which requires that all parties enter into the contract under their own free will absent of fraud, misrepresentation, duress, menace, and undue influence
Gift Deed
A deed in which the consideration is love in affection. Such deeds are normally used to make a gift of real property to a relative or friend. Sometimes called voluntary deed
Grant deed
A deed in which the covenant of seizin and covenant against encumbrances are implied by statute when the word grant is used in the words of conveyance. Used in some states instead of a warranty deed
Grantee
A person to whom in interest in real estate is conveyed
Granting Clause
A deed provision whereby the grantor clearly expresses the intent to make a present conveyance to the grantee also called words of conveyance 
Grantor
A person or legal entity that conveys an interest in real property by deed
Grantor-grantee index
A public recording system which lists alphabetically all grantors and grantee‘s named in documents recorded for each calendar year. A separate index book is maintained for grantors and grantees so the book and page number of a document can be located by searching under either name
Guardian’s Deed
A deed executed by a court-appointed guardian to convey title to property owned by minor, insane person, or the aged
Habendum Clause
A deed provision which defines the extent of ownership rights granted, such as a life estate, a fee simple estate, or an easement. Usually part of the granting clause
Holographic Will
A will written, dated and signed in the testator’s handwriting which need not be witnessed
Intestate
To die without a will or having left an invalid well
Involuntary Alienation
A transfer of title to real property without the owners consent
Last Will and Testament
A persons written or oral declaration of arrangements to be made for the disposition of real and or personal property owned at the time of death
Laws of Descent and Distribution
State laws which transfer property to the heirs of a person who dies without leaving a valid will. Also known as laws of succession
Legacy
A gift of personal property by will. A bequest 
Legatee
A person who received a gift of personal property by will
Legator
A person who disposed of personal property
Manual Delivery
Also called absolute delivery
Nuncupative Will
And oral will declared by a person in expectation of death and made for the purpose of disposing of personal property. To be valid a nuncupative will must be properly witnessed and reduced to writing
Partition Sale
A method of involuntarily transferring title to real property. When joint tenants or tenants in common cannot mutually agree to a plan for dividing their co-ownership, the court will issue in order to sell the property with proceeds pay to the owners based on their percentage share of ownership
Patent
A government document which conveys title to public land to a private individual
Probate court
A court which determines the validity of a will. If a person dies intestate, the court will determine the rightful heirs and appoint an administrator to distribute property according to the courts decree.
Quit Claim Deed
A deed without either expressed or implied warranties. It simply conveys whatever interest, right, or title the grantor has in the property, if any
Doctrine of Relation Back
A legal principle which allows conveyance to be effective as of when the deed was placed in the hands of an escrow agent even if the grantor dies before the closing
Release Deed
Also known as quitclaim deed, Or Reconveyance Deed
Reliction
Usable land exposed by the process of dereliction 
Reservation
A deed provision whereby the grantor retains certain right of use, such as an easement, in the property that is being conveyed
Sheriff’s Deed
A deed which convey title to the property sold to satisfy either a mortgage lien, judgment lien, or Tax Lien
Special Warranty Deed
A deed in which the grantor fully warrants good title to the property through the expressed or implied covenants of seizin, covenant against encumbrances, covenant of quiet enjoyment, and the covenant of further assurances. However, the covenants apply only to defects occurring during the grantors period of ownership. Also called a limited warranty deed
Tacking
The process of combining successive periods of continuous occupation of real property by different adverse possessors in order to establish the required statutory period of continuous possession. Usually living it to blood relatives
Tax Deed
A deed used to convey title to property sold by the government for nonpayment of taxes
Testate
To die leaving a valid will
Testator
A person who executes a will
Title
The evidence of ownership of real property
Title Insurance
Insurance which protects either an owner or mortgagee (lender) against losses arising from title defects except whose specifically excluded in the policy.
Torrens System
A system of title registration which list all ownerships and encumbrances in a court. Title search is made easier since no claim is effective until recorded in this system
Trust Deed
Also called Deed of Trust
Tract Index
A public recording system which assigns a map reference number to each parcel of land in the country. By locating a parcel on the map, the reference number will guide a title examiner to a page which lists the book and page numbers of all recorded documents relating to that particular parcel
Voluntary Alienation
A transfer of title to real property initiated by the owner.
Warranty Deed
A deed which guarantees good title through the expressed or implied covenant of seizin, covenant against encumbrances, covenant of quiet enjoyment, covenant of warranty forever, and the covenant of further assurances. Depending on the extent of the grantor’s liability, the deed may be either general or special.
