Title Examination

Question 1

Title

Answer 1

The legal ownership of property, including the rights and interests associated with it.

Question 2

Title Examination

Answer 2

The process of researching and analyzing the historical ownership and legal status of a property.

Question 3

Chain of Title

Answer 3

The chronological sequence of legal documents that trace the ownership and transfer of a property.

Question 4

Mineral Interest

Answer 4

The ownership rights to the oil, gas, and other minerals beneath the surface of a property.

Question 5

Curative Documents

Answer 5

Legal documents used to correct or “cure” defects or gaps in the chain of title.

Question 6

Deed

Answer 6

A legal instrument that conveys ownership of real property from one party to another.

Question 7

Warranty Deed

Answer 7

A deed that guarantees the grantor has clear title to the property and the right to transfer ownership.

Question 8

Quitclaim Deed

Answer 8

A deed that transfers any interest the grantor may have in the property, without guaranteeing the extent of that interest.

Question 9

Lien

Answer 9

A legal claim or encumbrance against a property to secure the payment of a debt or obligation.

Question 10

Judgment Lien

Answer 10

A lien imposed on a property as a result of a court judgment against the property owner.

Question 11

Mortgage

Answer 11

A legal instrument that conveys conditional ownership of a property as security for a loan.

Question 12

Easement

Answer 12

A legal right to use or access another’s land for a specific purpose.

Question 13

Right-of-Way

Answer 13

A legal right to pass over or through another’s land, typically for utility lines or transportation.

Question 14

Restrictive Covenants

Answer 14

Limitations or restrictions on the use of a property, typically imposed by a developer or homeowners’ association.

Question 15

Encumbrances

Answer 15

Any claim, right, or interest in a property that diminishes its value or limits its use.

Question 16

Adverse Possession

Answer 16

The legal acquisition of ownership rights to a property through continuous, open, and hostile possession for a specified period of time.

Question 17

Marketable Title

Answer 17

A title that is free from defects or encumbrances that would reasonably deter a purchaser from acquiring the property.

Question 18

Title Opinion

Answer 18

A legal opinion provided by an attorney regarding the status and validity of a property’s title.

Question 19

Title Insurance

Answer 19

A form of insurance that protects against financial loss resulting from defects in a property’s title.

Question 20

Title Defects

Answer 20

Any issue or problem with a property’s title that could potentially impair or invalidate ownership rights.

Question 21

Quiet Title Action

Answer 21

A legal process to establish or confirm a party’s rightful ownership of a property and eliminate any adverse claims or clouds on the title.

Question 22

Probate Proceedings

Answer 22

The legal process of administering and distributing a deceased person’s estate, including any real property or mineral interests they owned.

Question 23

Partition Actions

Answer 23

Legal proceedings to divide or sell jointly owned property among the co-owners.

Question 24

Bankruptcy Proceedings

Answer 24

Legal proceedings initiated by an insolvent individual or entity to resolve their debts and potentially affect their ownership interests in property.

Question 25

Tax Liens

Answer 25

A legal claim against a property for unpaid taxes, which can result in the property being seized or sold to satisfy the debt.

Question 26

Special Warranty Deed

Answer 26

A deed that guarantees the grantor has not conveyed the property to anyone else during the time they owned it.

Question 27

Bargain and Sale Deed

Answer 27

A deed that conveys all of the grantor’s interest in a property without providing any warranties or covenants.

Question 28

Mineral Deed

Answer 28

A deed that conveys ownership of the mineral rights associated with a property, separate from the surface rights.

Question 29

Severed Mineral Interest

Answer 29

A situation where the ownership of the mineral rights has been separated or severed from the ownership of the surface rights.

Question 30

Unsevered Mineral Interest

Answer 30

A situation where the mineral rights and surface rights are owned by the same party and have not been separated.

Question 31

Missing Heirs

Answer 31

A title defect that occurs when not all legal heirs of a deceased property owner have been identified and included in the chain of title.

Question 32

Improper Divorce

Answer 32

A title defect that can arise if a divorce decree fails to properly address the division or transfer of property interests between former spouses.

Question 33

Forgery

Answer 33

A title defect resulting from fraudulent or unauthorized signatures on deeds or other legal documents in the chain of title.

Question 34

Curative Requirements

Answer 34

The specific steps and documentation required to correct or “cure” a particular type of title defect.

Question 35

Affidavits of Heirship

Answer 35

Legal documents used to establish the identity and relationships of heirs in cases where there is no probated will or administration of an estate.

Question 36

Relinquishment Act Lands

Answer 36

Lands in Texas that were relinquished by the state to the federal government and later resurveyed and patented as part of the public domain.

Question 37

Duhig Rule

Answer 37

A legal principle established by a Texas Supreme Court case (Duhig v. Peavy-Moore Lumber Co.) that addresses the effect of a grantor’s reservation of an interest in a property they do not fully own.

Question 38

Correction Field Notes

Answer 38

In Texas, field notes prepared by a surveyor to correct errors or discrepancies in previous surveys or legal descriptions.