Deed and conveyances Flashcards
When the metes and bounds description conflicts with the other descriptions in a deed, what controls?
The metes and bounds will always control.
Can a property, encumbered by a lien, be conveyed?
Yes, provided the disclosures under 5.016 notice is provided.
How does the statute of frauds apply to real estate conveyances?
P. Code 5.021 provides that a conveyance of an estate of inheritance, a freehold, or an estate for more than one year, in land and tenements, must be in writing and must be subscribed and delivered by the conveyor or by the conveyor’s agent authorized in writing.
What has to be included in a document to be considered a deed?
If (1) from the instrument as a whole a grantor and grantee can be ascertained and (2) there are operative words or words of grant showing an intention by the grantor to convey to the grantee title to a real property interest 3) which is sufficiently described and 4)the instrument is signed and acknowledged by the grantor
Does an easement have to be in writing to be valid?
No. Implied and express easements need not be in writing.
Who can prepare a corrective instrument correcting a deed?
A person who has personal knowledge of facts relevant to the correction of a recorded instrument.
What are some examples of clerical nonmaterial corrections that can be made with a corrective instrument?
1) Legal description
2) addition, correction, or clarification of a party’s name.
3) A party’s marital status
4) the date of conveyance
5) the recording data for an instrument referenced in the correction instrument
6) a fact relating to the acknowledgment or authentication
What must be done with a corrective instrument for it to be valid?
It must be recorded in each county where the property is located. 2) if the corrective instrument is not signed by both parties, the corrective instrument must be sent by first class mail, email, or other reasonable means to each party to the original instrument of conveyance and, if applicable, a party’s heirs, successors, or assigns.
What would be considered a material correction to a deed or recorded instrument?
Adding of:
1) a buyer’s disclaimer of an interest in the real property that is subject of the original instrument of conveyance.
2)
