Chapter 6

Question 1

Quitclaim Deed

Answer 1

A deed to relinquish any interest in property with the grantor without interference of possession

Question 2

Trespass

Answer 2

The wrongful entry on to the land of another, either in person or by instrumentality

Question 3

Encroachment

Answer 3

An unlawful intrusion onto another’s adjacent property by improvements to real property (ex. a swimming pool built across a property line.)

Question 4

Injunction

Answer 4

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 is regard to the rights of some other parties in the suit of proceeding.

Question 5

Deed

Answer 5

written instrument which when properly executed and delivered conveys title to real property from one person (grantor) to another (grantee)

Question 6

Acknowledgement

Answer 6

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.

Question 7

Grant Deed

Answer 7

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 the encumbrances placed y the grantor.

Question 8

Warranty Deed

Answer 8

A deed used to convey real property which contains warranties to 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 tot he modern practice of securing title insurance policies which have reduced the importance of express implied warranty in deeds.

Question 9

Alienation

Answer 9

The transferring of property to another, the transfer of property and possession of lands, or other things, from one person to another.

Question 10

Deficiency Judgement

Answer 10

A judgement given by a court when the value of security pledged for a loan is insufficient to pay off the debt of the defaulting borrower.