Title Flashcards
Abstract of Title
A summary of all conveyance and legal proceedings affecting title to a parcel of real estate
Actual Notice
The knowledge one has gained based on what has been actually seen, heard, read, or observed
Chain of Title
A series of conveyances, encumbrances, and other instruments affecting the title from the time original patent was granted, or as far back as records are available
Constructive Notice
A notice given by a recorded document because a person could have discovered certain facts upon reasonable investigation, and a “reasonable man” in the same situation would have conducted such an investigation
Derivative Title
All ownership belonging to the individuals or legal entities and derived from the government’s original title
Inquiry Notice
The expected examination of public records and visual inspection for claims and the extent of those claims by anyone acquiring a property or interest
Marketable Title
Title that is reasonably free from risk of legal dispute over possible defects
Original Title
The title to real estate owned by the country or state
Patent
The instrument used when an original title is conveyed by a state or federal government to an individual
Quitclaim Deed
A deed to relinquish any interest in property that the grantor may have, but implying no warranties; a deed that transfers only whatever right, title, or interest, if any, the grantor owns, without implying any warranties
Title
Gives evidence of the quality, right, and interest in real property, which allows a government, individual, individuals, or legal entity to retain possession of the property
Torrens System
A legal system for the registration of land ownership; the Torrens system verifies ownership of land and the status of title, including any encumbrances except tax liens
Acknowledgement
The formal declaration by a person executing an instrument that he or she is freely signing it
Affidavit of Property Value
A notarized statement signed by buyers and sellers and disclosing the sales price that in most cases must accompany a deed that is to be recorded in Arizona
Alienation
The act of transferring real property from one person to another