Real Property Flashcards
Adverse Possession
Possession must be:
hostile
actual
exclusive
under claim of right
open and notorious
continuous and
uninterrupted for statutory period (15 years in VA)
What does a general warranty deed and English covenant of title convey?
General warranty deed is a grant of covenants against defects that the grantor or his predecessors created.
English tile of covenants
covenants of:
seisin, right to convey, against encumbrances, quiet enjoyment, warrant, further assurances
What does a special warranty deed convey
only that the grantor did not personally create any title defects, but makes no warranties or representations about what prior holders of the title might have done.
What is the covenant of seisin?
grant has the interest that he purports to convey
What is the covenant of right to covey
assures that the grantor has the right, power and authority to convey the property
What is the covenant of quiet possession
the grantee can peaceably and quietly hold and possess the proper without demand or claim to the property from a third party.