Convaynces Flashcards
Valid deed
To have a valid deed it must (1) be in writing, (2) identify the parties, (3) sufficiently describe the parties, (4) be signed by the grantor.
Deed delivery
Title is not transferred unless the deed is properly delivered. Effective delivery requires:
(1) words or actions showing grantors intent to transfer.
(2) grantor relinquish all control over property
(3) delivery of deed. This is presumed if any of following happen (a) deed handed to grantee, (b) notarized by grantor or (c) recorded.
(4) acceptance - presumed unless Grantee previously said wont accept.
Covenant of Warranty
Means that grantor will defend against lawful claims and that grantor will compensate grantee for any loss grantee suffers by assertion of superior title.
Race-Notice
Race Notice statues protect bona fide purchasers of value & without notice. It gives them superior title over donee title holders.
MI Race-Notice
In MI. subsequent purchaser must take property for value without notice and record first (before person claiming superior title).
MI - Merchantable (Marketable) Record Title Act
In MI, a person with an unbroken chain of title of record to an interest in land for 40 years will have a marketable record title interest.
MI- Adverse Possession
Elements for AP continuous, actual, open and notorious, hostile, and exclusive for the statutory period of 15 years.
MI-Acquiescence
Plaintiff need only prove the parties (or their predecessors in interest) had agreed to a boundary line for the statutory period of 15 years.