deeds Flashcards
Deed
elements
- be in writing
- be signed by the grantor
- identify the grantor and grantee
- contain words of conveyance
- describe the property
* names must be filled out deed is void until this is done
General Warranty Deed
provides the most title protections warrants against any defects in the grantors title.
Special Warranty Deed
warrants only against defects caused by acts or omissions of the grantor
Quit Claim Deed
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.
description of the land
Physical: metes and bounds
or
survey, plat, or adress
Present Covenants
- covenant of seisin
- covenant of right to convey
- covenant of further assurances
Future Covenants
- covenants of warranty
- covenant of quiet enjoinment
- covenant of further assurances
covenant of seisin
warrants that the grantor is the owner of the estate described in the deed
covenant of right to convey
warrants that the grantor has the legal rights to transfer title
covenant against encumbrances
warrants that there are no encumbrances
covenants of warranty
grantors promise to defend the grantees title against the claimants
covenants of quiet enjoyment
warrants the grantees possession and enjoyment of the property will not be described by anyone holding superior title
covenants of further assurances
is a promise that the grantor will execute any additional document and take any other actions that are reasonably necessary
Title Insurance
- title to the state is actually held by someone else other than the insure owner
- defect, lien, or encumbrances on owners title
- title to the land is unmarketable
- no right of access to land
* defects not shown in the public records but known by the insurer aren’t covered
3rd party delivery
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.