Title Flashcards
Adverse Possessor claims ownership of land.
Claim Of Right
Means of aquiring title where occupant of land has been in actual, open, notorious, hostile, exclusive & continuous possession of property for required statutory period of time.
Adverse Possession
Adverse Possessor claims title under written conveyance of the property by operation of law from another person claiming title under written conveyance.
Color of Title. (ie: occupies land with false deed thinking deed is real.)
Upon death of a person who is tenant in severally or tenant in common, his interest would be ____________, whether he does restate or intestate.
Probated
Testator
Died leaving a will
Persons receiving ownership of real property through valid will
Devisees
Lawsuit to determine an resolve all adverse claims of ownership of property
Quiet Title
Squid ion of easement through adverse use
Prescription
A court order that requires the sheriff to sell property is a writ of ___________.
Execution
__________ foreclosure would terminate the property owners rights and give the title to the creditor.
Strict foreclosure
A non judicial foreclosure is allowed when the mortgage or deed or trust has a _______ __ ______ provision
Power of Sale
Property owner’s right to buy back the property by paying off entire debt within a specific time period after foreclosure.
Statutory right of Redemption
Contract for deed often includes provision allowing for _________ of vendee’s interest if vendee defaults.
Forfeiture
First grant in chain if title issued by the government.
Patent
Transfer or conveyance if title to real property to another.
Alienation
A developer may be required to turn over land in a proposed subdivision for public use through _________ __________.
Statutory Dedication
May be paid for loss in value to the portion of a property not taken through condemnation.
Severance Damanges
Two elements of Eminent Domain are:
- Public Use
- Fair Compensation
Right to keep title by paying off the entire debt prior to date of the foreclosure.
Equitable Right of Redemption
Terminates owners rights an causes the property to be sold by sheriff to the highest bidder
Foreclosure & Sale (most common cases)
Testate
Death with will
Intestate
Death without will
Person receiving ownership of real property through a valid will
Devisees
Persons receiving personal property
Legatees
Instrument used to dispose of a persons property (estate) upon death.
Will
Handwritten will by testator with no witness.
Holographic will (accepted in some states.)
Prior to death the will is _________, meaning it can be changed.
Ambulatory
Probate is the process by which a court:
- collects the deceased assets.
- pays the legal claims of creditors.
- distributes the remainder of his estate to those entitled to it.
Passes any interest to the signer may have in the property, but does not tie him to any warrenty.
Quitclaim Deed
Adverse possessor claims title under Wittenberg co trance of the property or by operation of law from another person claiming title under a written contract. (Ie: owner believes false title to be true)
Color of title
Dies intestate an property passed I heirs.
Transfer of title by descent.