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
Adverse possession results in the…?
Transfer of title
An easement by prescription is terminated by non-use for a period of at least…?
5 years
An easement by voluntary grant can be terminated by the signing of a…?
Quitclaim deed
The quitclaim deed is signed by the dominant tenement owner in favor of the…?
Serviant tenant
A/an ………. is terminated when the easement is no longer a necessity for ingress and egress from the landlocked property?
Easement by Necessity
This is a written instrument which when properly executed and delivered conveys title to real property from one person (grantor) to another (grantee)…?
Deed
Which of the following is an example of a deed…?
Warranty, Quitclaim and Grant deeds
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 is known as…?
Acknowledgement
A valid deed requires which of the following…?
Signature of the grantor, In-writing, Competent grantor
This is the most widely used deed in California…?
Grant deed
A grant deed includes two warranties, first that the grantor has not previously conveyed title to another grantee, and second, the property is not burdened by encumbrances at the conveyance of title…?
True
A quitclaim deed includes warranties and representations…?
False
A quitclaim deed can be used in which of the following…?
A joint tenant conveying their interest to another joint tenant, Dominant tenement relinquishing their interest in an easement, The release of a condition
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 is known as a…?
Warranty deeds
Warranties in a warranty deed are…?
Express
The use of a warranty deed has been largely supplanted by this deed in California…?
Grant deed
The transferring of property to another is also referred to as…?
Alienation
Alienation of a property can be voluntary or involuntary…?
True
The sale of property due to foreclosure is an example of…?
Involuntary Alienation
The sale of property from a willing seller to a qualified buyer is an example of…?
Voluntary Alienation
These types of liens always take priority over other liens…?
Government Liens
This is 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…?
Deficiency Judgment
This property type is exempt from a deficiency judgment…?
Owner occupied, 1-4 family
How long is the redemption period if the loan amount is satisfied at a foreclosure auction…?
3 months
