Unit 21 Flashcards
Learning Objective: Describe the various requirements for a valid deed.
Answer: A valid deed in Texas must include the following: a grantor with legal capacity to contract, a readily identifiable grantee, a recital of consideration, a legal description of the property, a granting clause, the signature of the grantor, and delivery and acceptance. Additionally, the deed should be acknowledged or sworn before a notary public for recording.
Learning Objective: Identify the four fundamental types of deeds, their functions, and their warranties.
Answer:
General Warranty Deed: Provides the greatest protection, including covenants of seisin and warranty.
Special Warranty Deed: Warrants only that the grantor has not encumbered the title during their ownership.
Deed Without Warranty: Implies the grantor holds title but offers no warranties.
Quitclaim Deed: Conveys only the grantor’s interest without warranties, providing the least protection.
Learning Objective: Explain how property may be transferred through adverse possession and other involuntary means.
Answer: Adverse possession allows someone to acquire property after openly using it for 10 years. Other involuntary transfers include foreclosure, tax sales, eminent domain, escheat, or natural forces like erosion and accretion.
Learning Objective: Distinguish transfers of title by will from transfers by intestate succession, including the disposition of community and separate property in each situation.
Answer: Transfers by will (testate) occur under the terms of the testator’s last will and testament. Transfers by intestate succession (no will) follow state laws of descent and distribution. Community property is typically divided equally between surviving spouses and heirs, while separate property is distributed based on state law.
Learning Objective: Explain the necessity for recording legal documents and the difference between constructive and actual notice.
Answer: Recording legal documents gives constructive notice of interests in real estate, making them legally binding on third parties. Constructive notice is presumed when documents are recorded, while actual notice involves personally learning about an interest in property.
Learning Objective: Identify the process and purpose of a title search.
Answer: A title search involves examining public records to establish a chain of title, verify ownership, and uncover encumbrances or defects. Its purpose is to ensure marketable title and identify any issues that might affect ownership rights.
Learning Objective: Describe the origin of Texas land titles and the two evidences of title commonly used in Texas.
Answer: Texas land titles originate from Spanish, Mexican, and Republic of Texas land grants. Evidence of title includes an abstract of title with an attorney’s opinion or title insurance, which protects against losses from defects.
Learning Objective: Distinguish between lender’s and owner’s title policies, including covered and excluded risks, and between actual marketable title and good and indefeasible title.
Answer:
Lender’s Title Policy: Protects lenders against defects and encumbrances.
Owner’s Title Policy: Protects owners from title defects.
Marketable Title: Free of significant defects.
Good and Indefeasible Title: Cannot be defeated by superior claims.
Key Term: Acknowledgment
Definition: A formal declaration before a notary public confirming the authenticity of a signature on a document.
Key Term: Abstract of Title
Definition: A condensed history of all recorded instruments affecting a specific parcel of land.
Key Term: Actual Notice
Definition: Direct knowledge of a fact acquired personally or through evidence.
Key Term: Adverse Possession
Definition: A method of acquiring title by openly and continuously using property for a statutory period, typically 10 years in Texas.
Key Term: Attorney’s Opinion of Title
Definition: A lawyer’s written assessment of the title’s condition based on a review of an abstract of title.
Key Term: Bargain and Sale Deed
Definition: A deed that implies the grantor holds title but does not include warranties against encumbrances.
Key Term: Bequest
Definition: The transfer of personal property through a will.
Key Term: Chain of Title
Definition: A chronological record of all recorded conveyances affecting a specific property.
Key Term: Codicil
Definition: A legal document that modifies or supplements a will without revoking it.
Key Term: Commitment
Definition: A preliminary document issued by a title company outlining the terms and conditions for issuing title insurance.
Key Term: Constructive Notice
Definition: Legal notice presumed to have been given when documents are recorded in the public record.
Key Term: Decedent
Definition: A person who has passed away.
Key Term: Deed
Definition: A written document that transfers ownership of real property from one party to another.
Key Term: Deed in Trust
Definition: A deed transferring real property to a trustee under a trust agreement.
Key Term: Deed Without Warranty
Definition: A deed that implies the grantor holds title but offers no warranties or guarantees.
Key Term: Delivery and Acceptance
Definition: The process by which a deed is delivered to a grantee and accepted to complete a property transfer.