transferring real property Flashcards
A method of acquiring title to real property by occupying the property against the interests of the true owner and fulfilling other statutory requirements.
adverse possession
A tenant’s voluntary relinquishment of a premises without the landlord’s express or implied consent and with no intention to perform future lease obligations.
abandonment
The process of manufactured or natural improvement or addition to property.
accession
The increase or addition of land by the deposit of sand or soil washed up naturally from a river, lake or sea.
accretion
An_____________________________ is designed to prevent forged and fraudulently induced documents from taking effect.
acknowledgment
An action to have a court determine the rights of parties before a violation of rights has occurred.
action of declaratory relief
A court action to remove a cloud on the title. (See cloud on title)
action to quiet title
A person appointed by the court to settle the estate of a person who has died intestate (leaving no will). Sometimes referred to as the personal representative. (See executor)
administrator
A method of acquiring title to real property by occupying the property against the interests of the true owner and fulfilling other statutory requirements.
adverse possession
If title is acquired by a grantor only after a conveyance to a grant, the deed to the grantee becomes effective at the time the grantor actually receives title.
after-acquired title
The act of transferring ownership, title, interest, or estate in real property from one person to another.
alienation
The buildup of new soil.
alluvion
The sudden tearing away of land, as by earthquake, flood, volcanic action or the sudden change in the course of a stream.
avulsion
The transfer of property (particularly personal property) by will.
bequest
Document received by the buyer at an execution or a judicial foreclosure sale; replaced by a sheriff’s deed if the debtor fails to redeem the property during the statutory redemption period. (See sheriff’s deed)
certificate of sale
The history of conveyances and encumbrances affecting the present owner’s title to property, as far back as records are available. (See conveyance)
chain of title
A supplement or an addition to a will, executed with the same formalities as a will, that normally does not revoke the entire will.
codicil
The possession of a document that erroneously appears to convey title to an occupant of a real property.
color of title
Transfer of private land to public use or ownership, such as a roadway through a subdivision, by permitting such use or referencing the use in deeds to adjoining parcels.
common-law dedication
A judicial or administrative proceeding to exercise the power of eminent domain, through which a government agency takes private property for public use and compensates the owner. (See eminent domain).
condemnation
A deceased person, particularly one who has died recently.
decedent
The voluntary transfer of private property by its owner to the public for some public use, such as for streets or schools. deed A written instrument that, when executed and delivered, conveys title to or an interest in real estate.
dedication
A written instrument, when executed and delivered, that conveys title to or an interest in real property.
deed
A transfer of real property under a will. The donor is the devisor, and the recipient is the devisee.
devise
The recipient of a property transferred under a will.
devisee
The donor of property transferred under a will. (See devise, devisee)
devisor
The right to a specific use of or right to travel over land owned by another. The land being used or traveled over is the servient tenement; the land that is benefited by the use is the dominant tenement.
easement
An easement acquired by continuous, open, and hostile use of property for the period of time prescribed by state law. (See easement)
easement by prescription
The right of the government to acquire title to property for public use by condemnation; the property owner receives compensation which is generally fair market value. (See taking)
eminent domain
The doctrine that prevents fraud by the present owner of a property and prohibits their refusal to transfer the property.
equitable estoppel
The wearing away of the surface of the land by action of the elements, most conspicuously at a time of heavy rainfall.
erosion
The reversion of property to the state or county, as provided by state law, in cases where a decedent dies intestate and there are no heirs capable of inheriting or when the property is abandoned. In some states, bank accounts that are unused for more than seven years will _______ to the government. (See intestate)
escheat
A person appointed by a testator to carry out the directions and requests in his or her last will and testament, and to dispose of his or her property according to the provisions of the will.
executor
Breach of a condition subsequent in a deed; entitles grantor or grantor’s successor to reacquire title to the property.
forfeiture
A deed in which the consideration is “love and affection.”
gift deed
A conveyance of real estate.
grant
A limited warranty deed using a granting clause
grant deed
The person who receives a conveyance of real property from a grantor.
grantee
This clause is generally worded as “convey and warrant,” “grant,” “grant, bargain and sell” or the like.
granting clause
A will that is written, dated and signed in the testator’s handwriting, but not witnessed. Some states consider a _____________________ will to be valid even though it was not witnessed, presumably on the theory that the handwriting can be analyzed to verify authenticity and demonstrate competency.
holographic will
The condition of a property owner who dies without leaving a valid will.
intestate
A succession of a property to the heirs when a person dies without a will.
intestate succession
A property owner forcing a government to take a property by eminent domain when that government’s actions resulted in the owner’s inability to use the property.
inverse condemnation
- An opinion or estimate formed after consideration or deliberation, especially a formal or authoritative decision.
judgment
A method of foreclosing on real property by means of a court-supervised sale.
judicial foreclosure
A disposition of money or personal property by will.
legacy
A person who receives money or personal property under a will.
legatee
Co-tenants who wish to terminate their co-ownership may file an action in court to _______ the property.
partition
A court proceeding by which co-owners may force a division of the property or its sale, with co-owners reimbursed for their individual shares.
partition action
The power that may be given by a promissory note to a trustee, a mortgagee, or another lienholder to sell secured property without judicial proceedings if the borrower defaults.
power-of-sale
A clause in a mortgage authorizing the holder of the mortgage to sell the property in the event of the borrower’s default.
power-of-sale clause
The formal judicial proceeding to prove or confirm the validity of a will, to collect the assets of the decedent’s estate, to pay the debts and taxes and to determine the persons to whom the remainder of the estate will pass. (See decedent, will)
probate
The portion of California law that covers the court proceedings for disposition of property on the death of the property owner.
Probate Code
A conveyance by which the grantor transfers whatever interest he or she has in the real estate, without warranties or obligations.
quitclaim deed
Authorized by state law for any county that wishes to establish such a fund to help district attorneys and law enforcement agencies deter, investigate, and prosecute real property fraud crimes; up to $2 may be added to the county’s recording fees for such a fund.
Real Estate Fraud Prosecution Trust Fund
A _________________________________ deed, executed by the trustee, is the means by which title is returned to the trustor when a debt is paid in full.
reconveyance deed
The act of entering into the book of public records the written instruments affecting the title to real property, such as deeds, mortgages, contracts for sale, options and assignments.
recording
An increase of the land by the permanent withdrawal of the ocean or a river.
reliction
A beneficiary’s notice to a trustee on payment of an underlying debt that title to property is to be returned to the trustor.
request for reconveyance
When real property is sold at auction, the buyer receives a this
sherrif’s deed
Dedication of an easement for public use under the provisions of the California Subdivision Map Act. (See easement)
statutory dedication
Adding together successive periods of adverse possession.
tack
An instrument, similar to a certificate of sale, given to a purchaser at a tax sale. (See certificate of sale)
tax deed
Having made and left a valid will.
testate
A person who has made a valid will. A woman often is referred to as a testatrix, although ___________________ can be used for either gender.
testator
A legal document in which title to property is transferred to a third-party trustee as security for an obligation owed by the trustor (borrower) to the beneficiary (lender).
trust deed
1) One who holds property in trust for another as a fiduciary and is charged with the duty to protect, preserve and enhance the value and the highest and best use of the trust property.
trustee
A deed executed by a trustee conveying land held in a trust.
trustee’s deed
A deed in which the grantor fully warrants good clear title to the premises
warranty deed
A written document, properly witnessed, providing for the transfer of title to property owned by the deceased, called the testator.
will
A __________________ will is a written document, normally prepared by an attorney, witnessed by a third party, and signed by the testator.
witnessed will
A court order authorizing and directing an officer of the court (sheriff, police officer) to levy and sell property of a defendant to satisfy a judgment.
writ of execution
