Deeds (Estates/Transfers/Titles)

Question 1

A grantor must be what?

Answer 1

• Competent
• Clearly identified in the deed
• Alive at the time of transfer

Question 2

A legal document that grants ownership to a piece of real estate or other property asset:

Answer 2

Deed

Question 3

What is the purpose of a legal description of real property?

Answer 3

Provides accuracy and consistency over time

Question 4

A personal representative’s deed is also called what?

Answer 4

Executor’s deed

Question 5

What type of deed is used to convey property to a third party trustee as collateral for a loan?

Answer 5

Deed of trust

Question 6

What kind of deed is used to convey land to a condominium developer?

Answer 6

Master

Question 7

What law stipulates who inherits / what share they receive when a title owner dies without a will?

Answer 7

Laws of descent

Question 8

Where Will the estate go if an intestate decedent has no heirs?

Answer 8

To the State of Texas

Question 9

A Notorious Possession notice does what?

Answer 9

Gives constructive notice to the public that a party other than the owner is claiming to own the property

Question 10

What must the adverse possessor NOT do to claim legal title?

Answer 10

Pay for the property

*Adverse possession is essentially squatting - aquiring property without paying by extended open use

Question 11

Color of title can best described as what?

Answer 11

A document that appears to be a legitimate claim of title, but due to a title defect, cannot transfer or convey ownership

Question 12

What does an adverse possessor do to claim legal title?

Answer 12

Occupy the property continuously for a statutory period of time

Question 13

How can a property owner avert the danger of involuntary alienation by adverse possession?

Answer 13

By periodically inspecting the property within statutory deadlines and evicting any trespassers found

Question 14

Commonly, the maker of the will (testator) names a female to oversee the estate. What is that person called?

Answer 14

Executrix

Question 15

Legal Title

Answer 15

Possession of all ownership interests to a property

Question 16

Equitable Title

Answer 16

The interest or right to obtain legal title to a property along with a sale or mortgage contract between the legal owner and a buyer or creditor.

Question 17

Alienation

Answer 17

Transfer of title

(Can be voluntary or involuntary)

Question 18

Conveyance

Answer 18

Transfer of property using a written document

Question 19

Voluntary alienation

Answer 19

Unforced transfer of title by sale or gift from an owner to another party.

Question 20

Involuntary alienation

Answer 20

Transfer of title to real property without the owner’s consent.

Question 21

Special Warranty Deed

Answer 21

Deed with seller guarantee that they have not personally done anything to adversely impact the title being conveyed to the buyer.

Question 22

General Warranty Deed

Answer 22

A Deed with seller guarantee that nothing has been done to negatively impact the property

Question 23

Grantee

Answer 23

The person who receives the property from the grantor.

Question 24

Habendum clause

“To have and to hold”

Answer 24

Describes the type of estate/legal rights being conveyed.

(type of property and property use)

Question 25

Full covenant and warranty deed.

Answer 25

Deed in which the grantor gives certain covenants or warranties promising that the grantee will have unchallenged ownership of the property.

Question 26

Quitclaim deed

Answer 26

Transfer of real and potential interests in a property, whether an interest is known to exist or not, with grantor making no claim to any interest in the property being conveyed and offers no warrants to protect the grantee.

Question 27

Dedication by deed

Answer 27

When a subdivision developer turns the subdivision road or the common ground in the subdivision over to the local government, usually by quitclaim deed.

Question 28

Special purpose deed

Answer 28

Deed tailored to the requirements of specific parties, properties, and purposes.

Question 29

Adverse possessor

Answer 29

Someone who enters, occupies, and uses another’s property without the knowledge or consent of the owner, or with the knowledge of an owner who fails to take any action over a statutory period of time.

Question 30

Claim of right

Answer 30

Right claimed by an adverse possessor occupying and maintaining a property as if they were the legal owner.

Question 31

Color of title

Answer 31

When a grantee has obtained defective title, or received title by defective means, but occupies the property as if they were the legal owner.

Question 32

Notorious possession

Answer 32

Giving constructive notice to the public, including the legal owner, that a party other than the legal owner is occupying and claiming to own the property. Also referred to as hostile possession.

Question 33

Estoppel

Answer 33

Prevents someone from arguing something contrary to a claim made or act performed by another person which can prevent an owner from re-claiming a property that was transferred under false pretenses.

Question 34

Last will and testament

Answer 34

Legal instrument for the voluntary transfer of real and personal property after the owner’s death.

Question 35

Executor

Answer 35

Male assigned to oversee the settlement of the estate.

Question 36

Executrix

Answer 36

Female assigned to oversee the settlement of the estate.

Question 37

Testate

Answer 37

A person who has died having left a valid will.

Question 38

Intestate

Answer 38

A person who has died without leaving a valid will.