DEEDS

Question 1

What is a deed

Answer 1

Evidence of title to fee simple real property.

Assignment of lease is evidence of title to leasehold real property.

Question 2

What are the major type of deeds?

Answer 2

1). General Warranty Deed
Most common deed in Hawaii.aka warranty deed.
Greatest protection for grantee or buyer
Warrants against defects in “ the chain of title” by grantor and all previous
Title holders to the Great Mahele

       Includes 6 warranties

2) . Special Warranty Deed
3) . Quitclaim Deed
4) . Apartment Deed

Question 3

What are the 6 elements of the Warranty Deed?

Answer 3

1) . Covenant of Seisen: person owns and possesses the estate they claim at time of grant
2) . Covenant of Right to Convey: warrants the grantor was the previous grantee
3) . Covenant against Encumbrances: warrants there are no visible encumbrances (easements or encroachments nor invisible encumbrances (mortgages)
4) . Covenant of Quiet Enjoyment: warrants the grantee will not be disturbed in her possession of quiet enjoyment of property by a 3rd parties lawful claim of title
5) . Covenant of Warranty: Warrents grantor will defend grantee vs. claims of titles by a 3rd party and agrees to compensate the grantee for any loss of claim due to a claim of superior title. . This is identical to covenant of quiet enjoyment.
6) . Covenant for Further Assurances:Warrents the grantor will perform whatever acts are reasonably necessary to make the title marketable should it turn onto be unmarketable.

Question 4

What is Special Warrents Deed: “limited warranty” has 2 covenants?

Answer 4

1) . Covenant of Right to Convey
2) . Covenant against Encumbrances

This deed warrants against defects arising during grantor’s ownership.

This deed is usually used in conversion from leasehold to fee simple.
Or
Convey title from a foreclosed property but not a judicial foreclosure

Question 5

What is Quitclaim Deed?

Answer 5

No warranties. This provides the least protection to grantee.

Question 6

When is a quitclaim Deed used?

Answer 6

Release for divorce proceeding

Release or add interest of a co-tenant

To extinguish an easement

To add a relative or spouse to a deed or release their interest from a deed

To extinguish a possible dower or curtesy interest

To clear a title defect or discrepancy

Question 7

What is an Apartment Deed: used to transfer ownership in a fee simple condo.

Answer 7

This deed warrants against defects in the chain of title prior to the grantor acquiring title

Question 8

Deed Requirements are:

Answer 8

1) . Must be in writing
2) . Granting clause
3) . Identified Grantee. Is not required to have legal capacity
4) . Land described with Certainty. Must have property address but must have a recoded deed with a legal description which is found in the preliminary title report

5). Delivery and acceptance.
Delivery refers to the grantor’s Intent, by words or conduct. The grantor must immediately release control and irrevocably.

Delivery is accomplished if “A” grants a deed to “B” and “A” records deed

6). Grantor’s Signature must be on Deed

Question 9

What are the difference between regular System vs. the Land Court?

Answer 9

Regular System upon delivery of the deed.

LandCourt is upon registration of the deed.

Question 10

Where is recoding of a deed in Hawaii compared to mainland?

Answer 10

In Hawaii, Dee is recorded at Bureau of Coneyances

In mainland it is at County Recorder of Deed Office.

Question 11

When does grantee sign a deed?

Answer 11

Grantee signs the deed if there are any covenants, conditions, restrictions, agreements or obligations. Escrow insists grantee sign deed to acknowledge the constraints