Title Flashcards

1
Q

Abstract of Title

A

History of property

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2
Q

Accession

A

Right to use what’s on your land

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3
Q

Adverse Possession

A

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

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4
Q

Affidavit of Disclosure

A

Required in unincorporated area; 5 or fewer parcels; must be provided to buy at least 7 days prior to transfer

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5
Q

Affirmative Easement

A

Gives someone right to use someone else’s land for a specific purpose

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6
Q

Alienation

A

Transfer of ownership

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7
Q

Alienation Clause

A

Right of lender to demand payment in full upon sale due on sale

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8
Q

Appurtenances

A

Rights that run with real property ownership. Most often transferred with property, POSSIBLE to sell separately. Rights: air, water, surface, subsurface

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9
Q

Bundle of Rights (6 QC Pete)

A

Quiet Enjoyment, Control, Possession, Exclusion, Transfer, Encumber

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10
Q

Bargain & Sale Deed

A

W/O covenants or warranties against encumbrances that ONLY implies grantor has possession or property and the right to convey title

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11
Q

Assignment

A

The transference of rights and obligations in a contract from one party to another

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12
Q

Assemblage

A

The combining of multiple properties into single tract of land; increases value

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13
Q

Color of Title

A

Title transfer is defective that is unknown to buyer

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14
Q

Cloud

A

Any claim to or encumbrance on the title

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15
Q

Chattel

A

Personal property

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16
Q

Certificate of Title

A

Document prepared by title attorney - provides chain of title opinion on marketability

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17
Q

Cease & Desist Order

A

Order issues by ADRE to stop a licensee from engaging in a certain behavior

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18
Q

Contract for Deed

A

Seller holds title until fully paid for, installment sales contract or land contract

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19
Q

Contribution

A

Amount of market value from improvement

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20
Q

Conveyance

A

Instrument that transfers grantor’s interest

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21
Q

Covenant of Seisin

A

Grantor states they hold the title

22
Q

Demise

A

Transfer by lease

23
Q

Devise

A

Transfer through will

24
Q

Estoppel

A

Prevents someone from asserting something contrary to which was implied by previous words or deeds by that individual

25
Q

Tax Base

A

Total taxable assets available in a certain area

26
Q

Ad Valorem Taxes

A

Tax on assessed value

27
Q

Dominant Tenement

A

Land that benefits from easement appurtenant; right to cross another owner’s adjacent land

28
Q

Easement in Gross

A

Easement applies to person not land

29
Q

Easement by Condemnation

A

Easement in which private property is transferred to public use via eminent domain

30
Q

Fee Simple Defeasible

A

Used for purposes, reverts back to original owner if violated

31
Q

General Lien

A

Real estate AND personal property sold to satisfy debt

32
Q

Habendum Clause

A

Type/extent of interest conveyed by granting clause

33
Q

Intestate

A

Owner dies, no will

34
Q

Joint Venture

A

One-off collaboration vs ongoing investing group

35
Q

Master Deed

A

Convey condo

36
Q

Partition Suit

A

Legal action of terminating ownership of co-owner

37
Q

Probate

A

Court determines ownership to creditors, taxing, heir after own dies intestate

38
Q

Pur Autre Vie

A

Life estate - ownership lasting only for the duration of a a disignated party’s lifetime

39
Q

Quitclaim Deed

A

Conveys interest, title, or right to parcel of land the grantor has at the time deed is executed

40
Q

Remainder Interest

A

Interest in estate passes to another party at death of owner

41
Q

Reversionary Interest

A

Interest in estate, full ownership reverts to original owner after death of current owner

42
Q

Severalty

A

Undivided ownership, with an interest that is exclusive from other
owners

43
Q

Special Warranty Deed

A

Deed that only protects against defects that occurred while grantor held title

44
Q

Statute of Frauds

A

Law that certain contracts to be in writing to be enforceable

45
Q

Subordination Agreement

A

Contract that gives mortgage recorded at a later date priority over a previously recorded mortgage

46
Q

Syndicate

A

Group of investor combine resources to make improvements that they couldn’t make on their own

47
Q

Tenancy in Common

A

Co-ownership with individual, undivided interest in property, includes rights of inheritance rather than survivorship

48
Q

Torrens System

A

Recording system used in some states, state holds all records of title/land ownership, evidence by a certificate of title

49
Q

Unilateral Contract

A

Must keep promises after 2nd party accepts offer

50
Q

Specific Performance

A

Legal remedy requires party in breach to perform w/contract as opposed to paying damages