Title Transfer Flashcards
Voluntary alienation; conveyance title by sale or gift.
Voluntary Transfer
Voluntary transfer in which the government gives land to a private party ex. land grants
Public Grant
Voluntary transfer in which-title is transferred from one private party to another private party.
Private Grant
Voluntary transfer in which title is transferred as a gift from a private owner to the government; ex Subdivider may dedicate an area of a subdivision to the city for parks, streets, etc.
Public Dedication
A written instrument by which title to real property is transferred.
Conveyance or Deed
Guarantees that the title is good
Warranty Deed
Gives the best guarantee of title; guarantees title before and during the time of the seller owned the property
Sale with Warranty or General Warranty Deed
Guarantees the title only for the time the seller actually owned the property.
Special Warranty Deed
Makes no guarantee; the grantor simply states that he has no claim on the title.
Sale without Warranty or Quitclaim Deed
Better than a quitclaim but not as good as a warranty deed; has no explicit guarantees but does imply title is good
Bargain and Sale Deed
Insures that the grantor has done nothing to encumber the title; this effectively turns it into a special warranty deed
Bargain and Sale with Covenant
Transfer without the owner’s consent.
Involuntary Transfer
The right to take private property for public use
Eminent Domain
The action of taking private property for public use.
Expropriation or Condemnation
When an owner dies with no will and no heirs, his property reverts to the state.
Escheat
Claiming title by possession of the property for a statutory number of years
10 years in good faith, 30 years in bad faith
Aquisitive prescription or Adverse Possession
A formally prepared will, witnessed and signed
Notarial Will
Entirely in the testator’s own handwriting, dated and signed, but not witnessed.
Olographic Will or Holographic Will