Chapter 9 Flashcards

0
Q

Ownership is provided by physical possession

A

Actual notice

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1
Q

Recording document in the public records

A

Constructive notice

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2
Q

The data provides the greatest protection to the grantee is the

A

General warranty deed

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3
Q

The deed that is used to come face the property of a minor

A

Guardians deed

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4
Q

Legal rights being conveyed are expressed in the

A

Hanbendum clause

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5
Q

Protects owners against issues to the property, incorrect signatures on documents, forgery, fraud, restricted covenants, encumbrances or judgement

A

Title insurance

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6
Q

the instrument often used to transfer ownership from the government to an individual

A

Patent deed (public grant)

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7
Q

Transferring Conveying ownership from one party to another is called

A

alienation of title

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8
Q

A legal principal under which an owner may lose title to another person who was taking control of the property

A

Adverse possession

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9
Q

A legal principle on there which ownership to property may be lost because of the owners failure to provide public notice of ownership

A

Estoppel

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10
Q

The transfer title to legal hairs upon the death of an individual who died without a will

A

Decent and distribution

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11
Q

Premises clause

A

Known as a granting clause, is the only legally necessary clause required in the deed. Names parties, words of conveyance, consideration, and legal description.

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12
Q

Used to reserve a right in the title, not the land, such as remainder estate

A

Reddendum clause

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13
Q

Is essentially a claim of ownership by the grantor. Assures the grantee that the grantor owns and has legal rights to convey the property

A

Warrant of seisin

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14
Q

Deed contains no warrant of any kind. The grantor does not promise to have rights in the property, interest is relinquished to the grantee. Is rarely used and day to day sales or transfer property.

A

Quitclaim deed

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15
Q

Four rights of government that Limit private property are

A

Police power, eminent domain, taxation, escheat

16
Q

A notice the pending lawsuit against the property owner

A

Lis pendens

17
Q

Descent and distribution

A

Transfer of title to legal heirs upon death of an individual who died with no will.

18
Q

Escheat

A

Reversion of property to the state if someone does with no will or no heirs

19
Q

Assures the grantee that there are no encumbrances against the property other than disclosed in the deed. The grantor will be responsible for liens or claims not specified in the deed

A

Warrant against encumbrances

20
Q

The grantor grants, bargains and sells the property to the grantee. No promise to defend the title of problems arise later. Counts warrant of seisin.

A

Bargain and sale deed

21
Q

Is a type of bargain and sale deed. But offers protection to the grantee only for claims made by the grantor or others representing them.

A

Special warranty deed

22
Q

Is a type of bargain and sale deed. The grantor promises to defend the title against any and all claims.

A

General warranty deed

23
Q

Committees deed

A

Is used to convey the property of a mentally incompetent person

24
Q

Allows the government to restrict the use of land to protect the health, safety, and welfare of the citizens.

A

Police power

25
Q

The power that allows the government to levy taxes on private property. If an owner doesn’t pay taxes when due, it could foreclosed by the court

A

Taxation

26
Q

Easement by prescription

A

20 years or more of continuous and uninterrupted use of a portion of another persons property .

27
Q

Encroachment

A

Unauthorized physical intrusion onto someone else’s property.

28
Q

Is a financial claim against property by a creditor or unit of government used to secure the payment of a debt or other obligation owed by the property owner

A

Lien