UNIT 3 - ENCUMBRANCES & TRANSFER OF OWNERSHIP Flashcards
specific lien
one that is placed against certain property
accession
addition or reduction to property by efforts of natural forces
accretion
gradual addition of land by natural deposition of alluvium
alienate
convey/transfer
avulsion
sudden loss or addition of land
bequest
transfer personal property
codicil
official way to modify a will
notice of non-responsibility
If an owner discovers unauthorized work on the property, he/she must file this. This is a notice that must be recorded and posted on the property to be valid. This notice releases the owner from the liability for work done w/out permission. This must be recorded within 10 days after discovering the unauthorized work.
instrument
a document in real estate (i.e. contract, deed, or will)
instrument
a document in real estate
express grant
the servient tenement grants the easement by deed or express agreement
express reservation
seller of a parcel who owns adjoining land reserves an easment or right of way over the former property. This is created at the time of the sale with a deed or express agreement
implied grant or reservation
The existence of an easement is obvious and necessary at the time a property is conveyed, even though no mention is made of it in the deed.
reliction
gradual process of receding water uncovering land
easement by prescription
created by continuous and uninterrupted use, by a single party, for a period of five years. The user must be against the owner’s wishes and be open and notorious. (the party wishing to obtain the prescriptive easement must have some reasonable claim to the use of the property)
adverse possession
the owner of the servient tenement may, by his or her own use, prevent the dominant tenement from using the easement for a period of five years.
terminating easements
ADAM E. LEE abandonment destruction of the servient tenement adverse possession merger express release (quitclaim deed) legal proceeding (quiet title action) estoppel excessive use
private restriction
placed by a present or past owners, and only affect specific property or development (CC&Rs)
public restriction
zoning, affects land use, types of structures permitted, building heights, setbacks, and density.
covenant
promise to do or not to do certain things. (penalty is money damages or injunction)
injunction
a court order forcing a person to do or not do an act.
condition
same as covenant, except penalty is return of property to the grantor.
non-conforming use (zoning)
eg farmland rezoned for residential use. existing farms are non-conforming, but may continue to operate bc of grandfather clause.
variance (zoning)
allowable difference to the zoning laws for structure or land use
homestead
property exempt from the claims of, or eviction by, unsecured creditors.
homestead exemption
a lien that protects a certain amount of equity in a person’s home by limiting the amount of liability for certain debts against which a home can be used to satisfy a judment
homestead exemption
a lien that protects a certain amount of equity in a person’s home by limiting the amount of liability for certain debts against which a home can be used to satisfy a judgment
adverse possession
the owner of the servient tenement may, by his or her own use, prevent the dominant tenement from using the easement for a period of five years.
requirements:
- open possession
- notoriious possession
- continuous for 5 years
- pay property tax 5 years
- hostile
- adverse to a claim of right
automatic homestead
only applies on forced sale of the property
declared homestead
recorded notice. does not protect personal property (mobile homes, houseboats)
testator
person who makes a will
intestate
person dies without a will
probate
legal process to prove a will is valid
succession
legal transfer of a person’s interests in real and personal property under the laws of descent and distribution
laws of descent
intestate decedent’s property passes to his or her heirs.
convey
transfer law/title
convey
transfer law/title
grant deed
must have granting clause, and 2 implied warranties by the grantor. 1. grantor has not already conveyed title to any other person
2. estate is free from encumbrances other than those disclosed by the grantor
requirements of valid grant deed
- must be written
- parties to the transfer must be identified and described
- grantor must be competent to convey
- grantee must be capable of holding title
- property must be adequately described
- words of granting must be included
- executed (signed) by the grantor
- deed must be delivered to and accepted by the grantee
constructive notice
Notice given by recording a document, or taking physical possession of the property
chain of title
record of changes in ownership. it is why we record deeds.
priority of a deed
the first to record a deed is the first in right.
quitclaim deed
no warranties and transfers any interests the grantor may have at the time the deed is signed. It is often used to clear a cloud on the title
cloud on title
any condition that affects the clear title of real property, or minor defect in the chain of title
common law dedication
(IMPLIED) property owner implies through his or her conduct the intent that the public use the land
statutory dedication
dedication made by private individual to the public. the owner follows procedures outlined in the subdivision map act
operation of law
involuntary transfer
partition action
court proceeding to settle a dispute between co-owners
