deeds Flashcards

1
Q

Deed

elements

A
  1. be in writing
  2. be signed by the grantor
  3. identify the grantor and grantee
  4. contain words of conveyance
  5. describe the property
    * names must be filled out deed is void until this is done
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2
Q

General Warranty Deed

A

provides the most title protections warrants against any defects in the grantors title.

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3
Q

Special Warranty Deed

A

warrants only against defects caused by acts or omissions of the grantor

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4
Q

Quit Claim Deed

A

grantor does not warrant that he owns the property or that he has property. merely conveys whatever right, title , or interest the grantor may have in the property.

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5
Q

description of the land

A

Physical: metes and bounds
or
survey, plat, or adress

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6
Q

Present Covenants

A
  1. covenant of seisin
  2. covenant of right to convey
  3. covenant of further assurances
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7
Q

Future Covenants

A
  1. covenants of warranty
  2. covenant of quiet enjoinment
  3. covenant of further assurances
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8
Q

covenant of seisin

A

warrants that the grantor is the owner of the estate described in the deed

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9
Q

covenant of right to convey

A

warrants that the grantor has the legal rights to transfer title

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10
Q

covenant against encumbrances

A

warrants that there are no encumbrances

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11
Q

covenants of warranty

A

grantors promise to defend the grantees title against the claimants

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12
Q

covenants of quiet enjoyment

A

warrants the grantees possession and enjoyment of the property will not be described by anyone holding superior title

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13
Q

covenants of further assurances

A

is a promise that the grantor will execute any additional document and take any other actions that are reasonably necessary

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14
Q

Title Insurance

A
  1. title to the state is actually held by someone else other than the insure owner
  2. defect, lien, or encumbrances on owners title
  3. title to the land is unmarketable
  4. no right of access to land
    * defects not shown in the public records but known by the insurer aren’t covered
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15
Q

3rd party delivery

A

is the only type of conditional delivery available deed is given to a third party who hands over the deed when the condition is made.

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