Conveyances and Deeds

Question 1

Alienation

Answer 1

is the transfer or conveyance of the title to real property to another

• Voluntary alienation refers to such actions as the sale, gift, or will of property to another.
• Involuntary alienation refers to transfer of ownership of the estate by operation of law (or court action).

Question 2

A patent

Answer 2

is a conveyance of title from the government, or sovereign power, to private owners

Question 3

Forfeiture

Answer 3

Property may be forfeited to the government if it was used in the commission of a crime.

Question 4

Dedication

Answer 4

is the gift or donation of property to the public without consideration

Question 5

Eminent domain

Answer 5

is the government’s right to acquire title to property for public use by paying just and fair compensation to the owner. The two critical elements of eminent domain are public use and fair compensation.

Question 6

Gained Land

Answer 6

Accession: Any addition to land
Accretion: Natural gradual addition to land
Annexation: Human-made addition to land

Question 7

Lost Land

Answer 7

Avulsion: Rapid loss of land by water
Erosion: Natural gradual loss of land

Question 8

Adverse possession

Answer 8

is a means of acquiring title where the occupant of the land has been in actual, open, notorious, hostile, exclusive, and continuous possession of the property for a required statutory period of time.

Question 9

A claim of right

Answer 9

means the adverse possessor claims ownership of the land.

Question 10

Color of title

Answer 10

means the adverse possessor claims title under a written conveyance of the property or by operation of law from another person claiming title under a written conveyance.

Question 11

A quitclaim deed

Answer 11

passes any interest the signer may have in the property, but does not tie them to any warranty

Question 12

Quiet title action

Answer 12

is a lawsuit that can be used to determine and resolve all adverse claims to ownership of the property.

Question 13

Probate

Answer 13

is the process by which a court:

• collects the deceased’s assets.
• pays the legal claims of their creditors.
• distributes the remainder of their estate to those entitled to it.

Question 14

devisees

Answer 14

People receiving ownership of real property through a valid will

Question 15

A contract for deed

also called real estate contract or land sales contract

Answer 15

is a contract under which a buyer (vendee) agrees to pay the seller (vendor) for the property over a period of time.

Question 16

A deed

Answer 16

is the formal written instrument by which an owner conveys title to real property during their lifetime.
The main purpose of a deed is to provide clear evidence of a change in title or transfer of an interest in real property.
Because the deed shows the transfer, it often is called a conveyance.

Question 17

Essential Elements of a Deed

Answer 17

Essential Elements of a Deed

1. Be in writing
2. Have words of conveyance
3. Describe the property
4. Identify the parties to the deed
5. Have a legally competent grantor
6. Be signed by the grantor
7. Be delivered

Question 18

habendum clause

Answer 18

defines or limits the quality and quantity of the estate being conveyed

Question 19

Covenant of seizen

Answer 19

This guarantees the grantor owns and possesses the property, has a fee simple absolute interest, has no conditions restricting the title, and has the right to convey the title. The grantor would be liable for the full price of the property if there were an undisclosed condition, or they had only a life estate.

Question 20

Covenant against encumbrances

Answer 20

This guarantees there are no tax liens, mortgages, assessments, or other liens except as stated in the deed

Question 21

Covenant of warranty

Answer 21

This provides that the grantor will defend the title against all people who lawfully claim the title.

Question 22

Covenant of quiet enjoyment

Answer 22

This warrants that the grantee will not be disturbed by a person with a lien or better claim to the property.

Question 23

Covenant of further assurance

Answer 23

This warrants that the grantor will perform any additional act or provide any document needed to provide the title promise.

Question 24

A reformation deed

Answer 24

has wording stating that the deed is given to correct a specific error in a previous deed.

Question 25

A gift deed

Answer 25

is used to make a gift of real property. The consideration given is good consideration (e.g., love and affection) rather than valuable consideration.

Question 26

A tax deed

Answer 26

is used to convey title as a result of tax foreclosure.

Question 27

A sheriff’s deed

Answer 27

is used to convey title to property sold by the sheriff under a court foreclosure or execution of a judgment.

Question 28

An estoppel deed

Answer 28

is given by a delinquent borrower to the lender to avoid foreclosure.

Question 29

A mining deed

Answer 29

conveys mineral rights or an interest in a mine.

Question 30

A trustee’s deed

Answer 30

is given by a trustee to the purchaser of property sold at a trustee’s sale, resulting from the default on a deed of trust.

Question 31

A bona fide purchaser

Answer 31

is a purchaser who pays valuable consideration in good faith and has no notice of the existence of another person’s claim to the title