Legal Flashcards
Seniority of patents is determined by ?
date of survey
Seniority of private conveyances is determined by ?
date of delivery or conveyance to grantee. If recorded, use recording date. If not recorded, date of acknowledgement by grantor
To be valid, a description need only be locatable when?
time of conveyance
How is the conveyance of a fractional part of an existing tract defined (conveys 1/2 of a tract) ?
by area (1/2 of the area)
four parts of a description?
- General description (preamble or caption)
- Particular description
- qualifying clause (reserving..)
- augmenting clause (along with..)
Which parts of a conveyance are required by law?
the description the grantor and grantee the interest conveyed the conveyance intent valuable consideration
What is the Statute of Frauds?
requires all conveyances of real estate to be in writing
What is required of a description to make it valid?
it must identify a unique parcel and be locatable
What are the two formats of descriptions?
- graphic description (recorded, pictorial representation of a tract or tracts by plat of map)
- all descriptions other than the graphic description
Four types of evidence?
- Written evidence - documentation found in public records
- Parol evidence - oral evidence or testimony
- Real evidence - material objects
- Judicial notice - facts which a competent court would be aware of
What is Judicial notice ?
facts which a competent court would be aware of, such as acts of nature, the true meaning of English words, other facts as established by law
What are the six general classifications of evidence?
- Indispensable
- Primary
- Secondary
- Direct
- Indirect
- Extrinsic
What is Indispensable evidence?
Evidence which must exist. (Since conveyances are required to be in writing, a deed is indispensable in claims of title)
What is Primary evidence?
Evidence which is most certain. (an original document is more certain than a copy)
What is “prima facie” ?
good on the face (appears good)
What is Secondary evidence?
used in lieu of unavailable primary evidence and is good until rebutted (prima facie evidence)(copy of deed)
What is Direct evidence?
testimony of a witness who observed an act
What is indirect evidence?
partial evidence given by a witness to prove a detached fact (testify that a particular marker was commonly used by a particular company)
What is extrinsic evidence?
evidence not contained in deed used to correct a latent ambiguity
latent ambiguity
…
patent ambiguity
…
what are the two categories of presumptions?
- conclusive
2. disputable
What is a conclusive presumption?
Facts that may not be disputed by contradiction or adverse evidence (that everyone knows the law is a conclusive presumption)
What is a disputable presumption?
Held true unless contradicted by evidence (if a letter is mailed, it is presumed that it will be delivered)
What is an Inference?
Logical conclusion made from other evidence (differs from a disputable presumption by permanent lack of evidence)
what is a preponderance of evidence?
that amount necessary to incline an impartial mind to one decision as opposed to another.
If the particular description is in conflict with the general description, which prevails?
the particular will control
when may a survey be used as evidence?
if it of public record or required by law
which surveyor’s surveys are usually of public record?
County Surveyors or Licensed State Land Surveyors
to be controlling, a monument must be ?
called for in the conveyance