Title Flashcards
Abstract of Title
History of property
Accession
Right to use what’s on your land
Adverse Possession
Involuntary transfer of the title when owner does not use or inspect land for 10 years to another person who has some claim to the land
Affidavit of Disclosure
Required in unincorporated area; 5 or fewer parcels; must be provided to buy at least 7 days prior to transfer
Affirmative Easement
Gives someone right to use someone else’s land for a specific purpose
Alienation
Transfer of ownership
Alienation Clause
Right of lender to demand payment in full upon sale due on sale
Appurtenances
Rights that run with real property ownership. Most often transferred with property, POSSIBLE to sell separately. Rights: air, water, surface, subsurface
Bundle of Rights (6 QC Pete)
Quiet Enjoyment, Control, Possession, Exclusion, Transfer, Encumber
Bargain & Sale Deed
W/O covenants or warranties against encumbrances that ONLY implies grantor has possession or property and the right to convey title
Assignment
The transference of rights and obligations in a contract from one party to another
Assemblage
The combining of multiple properties into single tract of land; increases value
Color of Title
Title transfer is defective that is unknown to buyer
Cloud
Any claim to or encumbrance on the title
Chattel
Personal property
Certificate of Title
Document prepared by title attorney - provides chain of title opinion on marketability
Cease & Desist Order
Order issues by ADRE to stop a licensee from engaging in a certain behavior
Contract for Deed
Seller holds title until fully paid for, installment sales contract or land contract
Contribution
Amount of market value from improvement
Conveyance
Instrument that transfers grantor’s interest
Covenant of Seisin
Grantor states they hold the title
Demise
Transfer by lease
Devise
Transfer through will
Estoppel
Prevents someone from asserting something contrary to which was implied by previous words or deeds by that individual
Tax Base
Total taxable assets available in a certain area
Ad Valorem Taxes
Tax on assessed value
Dominant Tenement
Land that benefits from easement appurtenant; right to cross another owner’s adjacent land
Easement in Gross
Easement applies to person not land
Easement by Condemnation
Easement in which private property is transferred to public use via eminent domain
Fee Simple Defeasible
Used for purposes, reverts back to original owner if violated
General Lien
Real estate AND personal property sold to satisfy debt
Habendum Clause
Type/extent of interest conveyed by granting clause
Intestate
Owner dies, no will
Joint Venture
One-off collaboration vs ongoing investing group
Master Deed
Convey condo
Partition Suit
Legal action of terminating ownership of co-owner
Probate
Court determines ownership to creditors, taxing, heir after own dies intestate
Pur Autre Vie
Life estate - ownership lasting only for the duration of a a disignated party’s lifetime
Quitclaim Deed
Conveys interest, title, or right to parcel of land the grantor has at the time deed is executed
Remainder Interest
Interest in estate passes to another party at death of owner
Reversionary Interest
Interest in estate, full ownership reverts to original owner after death of current owner
Severalty
Undivided ownership, with an interest that is exclusive from other
owners
Special Warranty Deed
Deed that only protects against defects that occurred while grantor held title
Statute of Frauds
Law that certain contracts to be in writing to be enforceable
Subordination Agreement
Contract that gives mortgage recorded at a later date priority over a previously recorded mortgage
Syndicate
Group of investor combine resources to make improvements that they couldn’t make on their own
Tenancy in Common
Co-ownership with individual, undivided interest in property, includes rights of inheritance rather than survivorship
Torrens System
Recording system used in some states, state holds all records of title/land ownership, evidence by a certificate of title
Unilateral Contract
Must keep promises after 2nd party accepts offer
Specific Performance
Legal remedy requires party in breach to perform w/contract as opposed to paying damages