Chapter Twelve

Question 0

the actual, open, notorious, hostile, and continuous possession of another’s land under a claim of title. 202

Answer 0

adverse possession

Question 1

aa formal declaration made before a duly authorized officer, usually a notary public, by a person who has signed a document. 197

Answer 1

acknowledgement

Question 2

a deed that carries with it no warranties against liens or other encumbrances but that does imply that hte grantor has the right to convey title. The grantor may add warranties to the deed at his or her discretion. 199

Answer 2

bargain and sale deed

Question 3

a written instrument that, when executed and delivered, conveys title to or an interest in real estate. 17

Answer 3

deed/deed of trust

Question 4

a gift of real property by will. The donor is the devisor, and the recipient is the devisee. 203

Answer 4

device

Question 5

a deed in which the grantor fully warrants good, clear title to the premises. Used in most real estate deed transfers, offers the greatest protection of any deed. 198

Answer 5

general warranty deed

Question 6

a person who receives a transfer of real property from a grantor. 194

Answer 6

grantee

Question 7

words in a deed of conveyance that state the grantor’s intention to convey the property at the present time. This clause is generally worded as “convey and warrant”; “grant”; “grant, bargain, and sell”; or the like. 196

Answer 7

granting clause

Question 8

the owner transferring title to of an interest in t=real property to a grantee. 194

Answer 8

grantor

Question 9

the part of a deed beginning with the words “to have and to hold,” following the granting clause and defining the extent ofownership the grantor is conveying. 196

Answer 9

habendum clause

Question 10

one who might inherit or succeed to an interest in land under the state law of descent when the owner dies without leaving a valid will. 204

Answer 10

heir

Question 11

the conditions of a property owner who dies without leaving a valid will. Title to the property will pass to the decedent’s heirs as provided in the state law of descent. 202

Answer 11

intestate

Question 12

the act of transferring property to another. May be voluntary, such as by gift or sale, or involuntary, as through eminent domain or adverse possession.

Answer 12

alienation/involuntary alienation

Question 13

a legal process by which a court determines who will inherit a decedent’s property and what the estate’s assets are. 203

Answer 13

probate

Question 14

a conveyance by which the grantor transfers whatever interest he or she has in the real estate, without warranties or obligations. 207

Answer 14

quitclaim deed

Question 15

a deed used by a trustee under a deed of trust to return title to the trustor. 200

Answer 15

reconveyance deed

Question 16

a deed in which the grantor warrants, or guarantees, the title only against defects arising during the period of his or her tenure and ownership of the property and not against defects existing before that time, generally using the language, “by, through, or under the grantor but not otherwise.” 206

Answer 16

special warranty deed

Question 17

Having made and left a valid will. 202

Answer 17

testate

Question 18

a person who has made a valid will. 204

Answer 18

testator/testatrix (woman) testator can be used for either gender.

Question 19

1) the right to ownership or the of land, 2) tthe evidence of ownership of land. 17

Answer 19

title

Question 20

tax stamps required to be affixed to a deed by state and/or local law. 201

Answer 20

transfer tax

Question 21

a deed executed by a trustee conveying land held in a trust. 200

Answer 21

trustee’s deed

Question 22

the act of transferring property to another. Alienation may be voluntary, such as by gift or sale, or involuntary, as through eminent domain or adverse possession.

Answer 22

alienation/voluntary alienation

Question 23

a written document,properly witnessed, providing for the transfer of title to property owned by the deceased, called the testator. 203-204

Answer 23

will

Question 24

General Warranty Deed -198

Answer 24

Five covenants: Covenant of seisin, Covenant against encumbrances, Covenant of quiet enjoyment, Covenant of further assurance, Covenant of warranty forever.

Question 25

Special Warranty Deed - 199

Answer 25

Two warranties: Warranty that grantor received title, and Warranty that property was unencumbered by grantor.