Conveyancing Flashcards
Land Sale Contracts
A land sale contract must be in writing, contain the signature of the party to be charged, and contain all essential terms including a description of the land. Here,
Merger
A plaintiff may not bring a suit under the terms of a land sale contract if the deed has already been conveyed. The doctrine of merger eliminates all of the covenants and promises in the orignal contract and the deed now controls. Here,
Deeds
The purpose of a deed is to transfer title to an interest in real property to another person. For a deed to be valid, it must be 1) in writing, 2) signed by the grantor, and 3) reasonably identify the parties and 4) the land. Here,
Delivery of Deed
A deed is NOT effective to transfer an interest in real property unless it has been delivered. Deliver refers to the grantor’s intention to make the deed presently effective even if possession is postponed. Further, recording of a deed is not necessary for delivery to be valid. Here,
General Warranty Deed
A general warranty deed is a type of deed where the grantor (seller) guarantees that he or she holds clear title to a piece of real estate and has a right to sell it to you. The guarantee is not limited to the time the grantor owned the property - it extends back to the property’s origins. Here,
Special Warranty Deed
A special warranty deed covenants to warrant and defend the title against claims and demands by him or her. Here,
Quitclaim Deed
A quitclaim deed releases whatever interest the grantor has. NO covenants of title included or implied. Here,
Covenants of Title - Present Covenants
Present Covenants can only be breached at the time of conveyance. Additionally, the statute of limitations begins to run at the date of delivery and these covenants do NOT run with the land.
Present Covenant - Covenant of Siesen
The covenant of siesen warrants that the grantor has both title and possession at the time of the grant. Here.
Present Covenant - Covenant of Conveyance
The covenant of conveyance warrants that the grantor covenants that he has the right to convey the property. Title alone will usually satisfy this covenant. Here,
Present Covenant - Covenant Against Encumbrances
The covenant against encumbrances guarantees that there exists no physical or title encumbrances. Most jurisdictions hold that his covenant is breached even if the grantee is aware of the encumbrance at the time of conveyance. Here
Future Covenants
Future covenants can only be breached after the conveyance of the title. Additionally, these covenants run with the land, meaning that they benefit immediate and future grantees.
Future Covenant - Covenant of Quiet Enjoyment
The covenant of quiet enjoyment is a future covenant that warrants that the grantee’s possession will not be disturbed by a third party’s claim to title. Here,
Future Covenant - Covenant of Warranty
The covenant of warranty requires the grantor to defend against reasonable claims of title by third parties. Here,
Future Covenant - Covenant of Further Assurances
The covenant of further assurances, which is not one of the usual covenants, requires the grantor to do whatever is reasonably necessary to perfect the title, which she conveyed. Here,
