Unit 6: Transfer Of Title Flashcards

1
Q

Title

A

The right to or ownership of the land; it represents the owners bundle of legal rights.
It also serves as evidence of that ownership

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2
Q

What is voluntary alienation?

A

The legal term for the transfer of title during the property owners lifetime.
(Owner chooses to transfer title by making it a gift or by selling it)

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3
Q

What is a deed?

A

A document by which an owner of real estate conveys the right, title, or interest owned in the parcel of real estate to some else.

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4
Q

When it comes to a deed what does the statute of frauds state?

A

That all deeds must be in writing

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5
Q

The owner who transfers the property is referred to as the…..

A

Grantor

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6
Q

The person who receives the property is called the….

A

Grantee

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7
Q

What are the requirements for a valid deed?

A

Grantor
Grantee
Statement of consideration
Granting clause- conveyance
Habendum clause
Legal description of the property
Delivery & Acceptance

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8
Q

To be valid a deed must…

A

Be signed by a grantor
Name a grantee

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9
Q

A deed executives by a minor is generally…

A

Voidable

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10
Q

What is a granting clause?

A

Words of conveyance that states the grantors intention to convey the property.
“I.E I, Allison Klein, revise, release, alienate, and convey”

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11
Q

What is a habendum clause?

A

When it is necessary to define or explain the ownership to be enjoyed by the grantee.

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12
Q

The Habendum clause begins with the words…

A

To have and to hold

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13
Q

What is an acknowledgement?

A

A formal declaration under the oath that the person who signs a written document does so voluntarily and that the signature is genuine.
Made before a notary public.

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14
Q

A ________ is not considered transferred until the deed to the property is actually delivered and accepted but the grantee

A

Title

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15
Q

Title is said to pass when a deed is…

A

Delivered and accepted.

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16
Q

IMPORTANT PSI

A

A deed conveying corporation-owned real estate can be signed only by an authorized officer.

17
Q

A general warranty deed provides….

A

The greatest protection to the buyer

18
Q

A special warranty deed limits the grantors defense of the title transferred by warranting…

A

That the grantor received title; and
That the property was not encumbered during the time the grantor held title, except as otherwise noted in the deed.

19
Q

What is a Bargain & sale deed?

A

Contains no express warranties against encumbrances, but it does imply that the grantor holds title and possession of the property.

20
Q

A quit claim deed…

A

Provides the grantee the least protection of any deed

21
Q

What is a deed of trust?

A

The means by which a trust or conveys real estate to a trustee for the benefit of beneficiary.

22
Q

Involuntary transfers are usually carried out by…

A

Operation of law

23
Q

Adverse possession is…

A

Another means of involuntary transfer

24
Q

What does it mean when a person dies testate?

A

Means they have a will

25
Q

What does it mean when a person dies intestate?

A

They died with no will.
Property gets passed to the descendants heirs

26
Q

When title passes by will or decent, the estate must go through a judicial process called ______ in which the successor to the property title will be recognized

A

Probate

27
Q

What is a will?

A

Made by a property owner to convey title to real and personal property after the owners death

28
Q

The grift of real property is known as…

A

Devise

29
Q

The person who receives the property by will is known as…

A

The devisee

30
Q

Probate proceedings take place….

A

In the county of the property and the county of the descendants last known residence

31
Q

How can you avoide probate?

A

By making a living trust