Transfer Of Title To Real Property

Question 1

Adequacy of description

Answer 1

Any method that enables a surveyor or civil engineer to locate property with certainty is an acceptable legal method
Big 3: metes and bounds, the government rectangular survey system, and description by reference.

Question 2

Metes and bounds

Answer 2

Used with the original 13 colonies
Based on distances and directions
Performed by a licensed land surveyor

Question 3

Metes

Answer 3

The distances from point to point in the description

Question 4

Bounds

Answer 4

Directions from one point to another in the description

Question 5

Point of beginning

Answer 5

Should be easiest to locate and tied to a reference point that is well established
Also must end here

Question 6

G.R.S.S

Answer 6

Used everywhere except nc and original 13 colonies
Based on longitudes and latitudes
Principal meridians

Question 7

Meridians

Answer 7

North and south lines for long. and lat.

East to west lines are called base lines

Question 8

Township

Answer 8

6 x 6 miles 
36 square mile area 
Divided into 1 sq mile sections (36 blocks) 
Each block or section is 640 acres
Quarter sections are 160 acres

Question 9

Reference to recorded plat (lot and book)

Answer 9

A type of Description in reference

References to a plat

Question 10

Plat

Answer 10

Property map

Question 11

Ref to publicly recorded docs

Answer 11

Refers to a record that is held legally (ie the register of deeds)

Question 12

Informal reference

Answer 12

A street address, tax parcel, or a word picture describing the property. (Legally but not professionally acceptable)
Usually used as a secondary reference

Question 13

By descent(intestate succession)

Answer 13

If you die with property and there is no valid will(intestate) then the property is distributed by descent. The overseer of this distribution is called an administrator(male) or an administratrix(female).

Question 14

By will

Answer 14

If there is a valid will left by the testator or testatrix then the will is to be fulfilled by a executor or executrix(appointed by the test).

Question 15

Probate

Answer 15

Official judiciary review of the validity of a testator or testatrix’s will.

Question 16

Devise

Answer 16

A gift of real property by will.

Question 17

Bequest

Answer 17

A gift of chattel

Question 18

Beneficiary

Answer 18

The recipient of anything left in the will.

Question 19

By deed (voluntary alienation)

Answer 19

Usually described as a sale or transfer of deed

Question 20

By deed (involuntary)

Answer 20

Generally lien foreclosure sale, adverse possession, or eminent domain
With support of grantor
Without owner cooperation

Question 21

Suit to quiet title

Answer 21

The method of fulfilling the requirements of the adverse possession statute of that particular state

Question 22

Named parties

Answer 22

Deeds must contain the grantor and grantees legal names

Question 23

Words of conveyance

Answer 23

Deed must contain words demonstrating that the grantors intention is to transfer the property to the grantee
(Ie. Words like given, granted, bargained, sold, and conveyed)

Question 24

Constructive notice

Answer 24

Someone who is involved has been given notice that the grantee received the title

Question 25

Statute of fraud

Answer 25

Laws surrounding the validity of a deed

Question 26

Covenant of seisin

Answer 26

Specifies that grantor owns what is being conveyed in the deal
(General warranty deed)
One with the covenant of the right to convey

Question 27

Covenant of right to convey

Answer 27

Provides assurance that the grantor has the right to convey this property to the grantee
One with the covenant of seisin

Question 28

Covenant of encumbrances

Answer 28

Provides the guarantee that there are no hidden or undiscussed encumberances

Question 29

Covenant of quiet enjoyment

Answer 29

The grantor guarantees that the grantee will have the right to enjoy their property peacefully DEEPC
With covenant of warranty (one covenant)

Question 30

Covenant of warranty

Answer 30

Claims that the grantor will protect the grantee against anything that comes against the ownership or the other rights conveyed
With covenant of quiet enjoyment (one covenant together)