Section 7: Title to Real Property and Deeds Flashcards
Deed & more deeds; Transferring Title to Real property
The person receiving the title.
GRANTEE
A recorded deed proves that the previous property owner (grantor) conveyed the property to the person named as the grantee on the deed.
Purpose of a Deed
The person who transfers the title.
GRANTOR
Which of the following statements would you see in the granting clause?
A) To warrant forever and defend
B) Do hereby grant and convey
C) I hereunto set my hand and official seal
D) To have and to hold
Do hereby grant and convey
Required to effect a transfer of title by deed.
DELIVERY & ACCEPTANCE
An oath by a subscribing witness, such as a notary public, that the grantor’s signing of the deed is a voluntary act.
ACKNOWLEDGEMENT
Used in California to convey title, which contains implied warranties that the seller (grantor) has the right to convey the property and has not otherwise encumbered the property.
It is the most common.
GRANT DEED
Court-ordered deed to satisfy a judgment
SHERIFF’S DEED
Conveys ownership in property with only love and affection as considerations.
GIFT DEED
Used to convey property to a trustee for the beneficiary named in the deed
DEED OF TRUST
Releases any rights of the grantor to the property to the grantee, but does not offer any warranties or imply any interest in the property.
QUITCLAIM DEED
Provides the strongest and broadest form of guarantee of title.
WARRANTY DEED
Grantor has legal capacity to convey the title and has the title to convey.
RIGHT TO CONVEY
included in Warranty Deed
Grantor holds the title specified in the deed.
SEISIN
included in Warranty Deed
No encumbrances against the title, except those in public record.
AGAINST ENCUMBRANCES
included in Warranty Deed
Grantee has possession and shall not be disturbed in the use or enjoyment of the property.
QUIET ENJOYMENT
included in Warranty Deed
Grantor will correct any defects in the title being conveyed.
FURTHER ASSURANCES
included in Warranty Deed
Grantor defends the title to the grantee against lawful claims of all others.
WARRANTY
included in Warranty Deed
John and Michelle received a general warranty deed when they purchased their house from Ted. A couple of months after they moved in, their neighbor, Bryant, drove his four-wheeler across their property to access the lake front. John discovered that Ted and Bryant agreed to an easement over Ted’s property several years earlier. Which general warranty deed covenant does this represent?
A) The covenant against encumbrances.
B) The covenant of further assurances.
C) The covenant of quiet enjoyment.
D) The covenant of siesin
The covenant against encumbrances assures the grantee that no encumbrances exist other than those that are publicly recorded or noted in the deed.
May be created by filling in blanks and checking boxes.
STATUTORY WILL
A handwritten will by the testator.
HOLOGRAPHIC WALL
1) To appoint an administrator
2) To supervise estate distribution.
3) To determine a will’s validity
3 PURPOSES OF PROBATE
The build-up of land from sand, silt, or gravel over water.
ACCRETION
The newly land mass formed & belonging to the property owner.
ALLUVION
The increase of land resulting from the gradual, permanent withdrawal of water.
RELICTION
The loss of land when water washes it away.
AVULSION
The act of transferring away ownership of a property, either voluntarily (with the owner’s consent) or involuntarily (without the owner’s consent).
ALIENATION
The owner gives land or an easement for public use.
DEDICATION BY DEED
A grant of power, license, or real property from the state or government to a private individual or individuals.
PUBLIC GRANT
Susan Duffield died testate at age 49. What can be said about Susan’s estate?
A) Because of Susan’s age, any will is invalid.
B) Because of the will, it will avoid probate.
C) Because she died without a will, the estate becomes property of the state.
D) It will be put through probate.
It will be put through probate.
Testate means with a will; the estate of a person who died with a will still must go through the probate process.
Jardin passed away suddenly, and when his family started looking through his documents, they found a handwritten will. Which of these statements about the will is true?
A) A handwritten will, also called a holographic will, may be valid if it meets other terms for validity.
B) A handwritten will, also called a statutory will, is valid if it’s been witnessed.
C) A handwritten will is called a simple will.
D) A handwritten will is not valid.
A.
A handwritten will, also called a holographic will, is valid in some states as long as it meets other criteria for validity.
