Chapter 6 Flashcards
Quitclaim Deed
A deed to relinquish any interest in property with the
grantor without interference of possession.
Trespass
The wrongful entry on to the land on another, either in person or
by instrumentality.
Encroachment
An unlawful intrusion onto another’s adjacent property by
improvements to real property (ex: a swimming pool built across a property
line).
Injunction
A writ or order issued under the seal of a court to restrain one
or more parties to a suit or proceeding from doing an act which is deemed
to be inequitable or unjust in regard to the rights of some other party or
parties in the suit or proceeding.
Deed
written instrument which when properly executed and delivered
conveys title to real property from one person (grantor) to another
(grantee).
Acknowledgement
A formal declaration made before an authorized
person (ex: a notary public) by a person who has executed an instrument
stating that the execution was his or her free act.
In California, an acknowledgement is the statement by an officer such as a
notary that the signatory to the instrument is the person represented to be.
Grant Deed
A limited warranty deed using the word “grant” or like words
that assures a grantee that the grantor has not already conveyed the land to
another and that the estate is free from encumbrances placed by the
grantor.
Warranty Deed
A deed used to convey real property which contains
warranties of title and quiet possession, and the grantor thus agrees to
defend the premises against the unlawful claims of third persons. It is
commonly used in many states but in others the grant deed has supplanted
it due to the modern practice of securing title insurance policies which have
reduced the importance of express implied warranty in deeds.
Alienation
The transferring of property to another; the transfer of
property and possession of lands, or other things, from one person to
another.
Deficiency Judgment
A judgment given by a court when the value of
security pledged for a loan is insufficient to pay off the debt of the
defaulting borrower.
A deed to relinquish any interest in property which the grantor may have, without interference of possession is known as a…?
Quitclaim deed
The wrongful entry on to the land on another, either in person or by instrumentality, is referred to as…?
Trespass
An unlawful intrusion onto another’s adjacent property by improvements to real property is known as a…?
Encroachment
A swimming pool built across a property line is an example of a/an…?
Encroachment
The statutory period for adverse possession in California is ………. and the payment of property taxes?
5 years
An easement by prescription results in the…?
Right of use