Title Flashcards
testator
person who makes a will
testate
person left a valid will
intestate
did not leave will
witnessed will
usually prepared by an attorney and signed by the maker (testator) and two witnesses. A holographic will is written in the maker’s writing, dated, and signed by the maker.
Succession
Succession is the legal transfer of a person’s interests in real and personal property under the laws of descent and distribution. When a person inherits property as a result of someone dying without a will, it is called intestate succession. An intestate decedent’s property passes to his or her heirs according to the laws of descent in the state where such real property is located. The law provides for disposition of the deceased’s property by statute. If the deceased was married, and died intestate, the surviving spouse receives all community property. Separate property is divided between a surviving spouse and any children. If there is only one child, the separate property is split equally. If there is more than one child, the surviving spouse receives one-third and the children, two-thirds.
Accession
process by which there is an addition to property by the efforts of man or natural forces. An example of accession is alluvial deposits. When property is adjacent to a flow of water, accession may occur. Ownership is extended to include the property that has been gained.
alluvium
gradual build-up of soil
accretion
The gradual build-up of soil, or alluvium, by natural causes on property bordering a river, lake, or ocean is
avulsion
The sudden washing or tearing away of land by water action is known as
reliction
land covered by water becomes uncovered because of alluvial deposits along the banks of streams.
Adverse possession
Six Ways for Adverse Possession Mnemonic = PANCHO Possession Adverse Notorious Continuous Hostile Open
Transfer
Property is acquired by transfer when, by an act of the parties or law, title is conveyed, or transferred, from one person to another by means of a written document. The transfer may be voluntary, such as the sale of a home, or involuntary by act of law, such as a foreclosure sale. Real property may be transferred (alienated) by private grant, public grant, public dedication, or operation of law (court action).
Private Grant
When property is transferred by private grant, a written instrument is used. An instrument is a formal legal document such as a contract, deed or will. The kinds of deeds commonly used for private grants include grant deed, quitclaim deed, gift deed, and warranty deed.
Grant Deed
In California, the grant deed is the most frequently used instrument to transfer title. The parties involved in the grant deed are the grantor and grantee. The grantor is the person conveying the property, and the grantee is the person receiving the property or to whom it is being conveyed. A grant deed must have a granting clause as well as two implied warranties by the grantor. One is that the grantor has not already conveyed title to any other person, and the other is that the estate is free from encumbrances other than those disclosed by the grantor. If you see the words et ux on a grant deed, it means “and wife”.
Requirements for a Valid Grant Deed
According to the statute of frauds, a deed must be in writing. The parties to the transfer (grantor and grantee) must be sufficiently identified and described. The grantor must be competent to convey the property (not a minor or incompetent). The grantee must be capable of holding title (must be a real living person, not fictitious). The property must be adequately described but it does not require a legal description. Words of granting such as grant or convey must be included. The deed must be executed (signed) by the grantor. The deed may be signed by a witnessed mark “X”. The deed must be delivered to and accepted by the grantee.
