Title Examination Flashcards
Title
The legal ownership of property, including the rights and interests associated with it.
Title Examination
The process of researching and analyzing the historical ownership and legal status of a property.
Chain of Title
The chronological sequence of legal documents that trace the ownership and transfer of a property.
Mineral Interest
The ownership rights to the oil, gas, and other minerals beneath the surface of a property.
Curative Documents
Legal documents used to correct or “cure” defects or gaps in the chain of title.
Deed
A legal instrument that conveys ownership of real property from one party to another.
Warranty Deed
A deed that guarantees the grantor has clear title to the property and the right to transfer ownership.
Quitclaim Deed
A deed that transfers any interest the grantor may have in the property, without guaranteeing the extent of that interest.
Lien
A legal claim or encumbrance against a property to secure the payment of a debt or obligation.
Judgment Lien
A lien imposed on a property as a result of a court judgment against the property owner.
Mortgage
A legal instrument that conveys conditional ownership of a property as security for a loan.
Easement
A legal right to use or access another’s land for a specific purpose.
Right-of-Way
A legal right to pass over or through another’s land, typically for utility lines or transportation.
Restrictive Covenants
Limitations or restrictions on the use of a property, typically imposed by a developer or homeowners’ association.
Encumbrances
Any claim, right, or interest in a property that diminishes its value or limits its use.
Adverse Possession
The legal acquisition of ownership rights to a property through continuous, open, and hostile possession for a specified period of time.
Marketable Title
A title that is free from defects or encumbrances that would reasonably deter a purchaser from acquiring the property.
Title Opinion
A legal opinion provided by an attorney regarding the status and validity of a property’s title.
Title Insurance
A form of insurance that protects against financial loss resulting from defects in a property’s title.
Title Defects
Any issue or problem with a property’s title that could potentially impair or invalidate ownership rights.
Quiet Title Action
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.
Probate Proceedings
The legal process of administering and distributing a deceased person’s estate, including any real property or mineral interests they owned.
Partition Actions
Legal proceedings to divide or sell jointly owned property among the co-owners.
Bankruptcy Proceedings
Legal proceedings initiated by an insolvent individual or entity to resolve their debts and potentially affect their ownership interests in property.
Tax Liens
A legal claim against a property for unpaid taxes, which can result in the property being seized or sold to satisfy the debt.
Special Warranty Deed
A deed that guarantees the grantor has not conveyed the property to anyone else during the time they owned it.
Bargain and Sale Deed
A deed that conveys all of the grantor’s interest in a property without providing any warranties or covenants.
Mineral Deed
A deed that conveys ownership of the mineral rights associated with a property, separate from the surface rights.
Severed Mineral Interest
A situation where the ownership of the mineral rights has been separated or severed from the ownership of the surface rights.
Unsevered Mineral Interest
A situation where the mineral rights and surface rights are owned by the same party and have not been separated.
Missing Heirs
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.
Improper Divorce
A title defect that can arise if a divorce decree fails to properly address the division or transfer of property interests between former spouses.
Forgery
A title defect resulting from fraudulent or unauthorized signatures on deeds or other legal documents in the chain of title.
Curative Requirements
The specific steps and documentation required to correct or “cure” a particular type of title defect.
Affidavits of Heirship
Legal documents used to establish the identity and relationships of heirs in cases where there is no probated will or administration of an estate.
Relinquishment Act Lands
Lands in Texas that were relinquished by the state to the federal government and later resurveyed and patented as part of the public domain.
Duhig Rule
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.
Correction Field Notes
In Texas, field notes prepared by a surveyor to correct errors or discrepancies in previous surveys or legal descriptions.
