Unit 7 Vocaburaly Flashcards
Title
real estate means the right to or ownership of the land; it represents the owner’s bundle of legal rights
Voluntary alienation
is the legal term for the transfer of title during the property owner’s lifetime.
deed
is a document by which an owner of real estate conveys the right, title, or interest owned in the parcel of real estate to someone else.
grantee
and the person who receives the property is called the
grantor
The owner who transfers the property is referred to as the
granting clause,
or words of conveyance, that states the grantor’s intention to convey the property
habendum clause
When it is necessary to define or explain the ownership to be enjoyed by the grantee
acknowledgment
is a formal declaration under oath that the person who signs a written document does so voluntarily and that the signature is genuine.
general warranty deed
provides the greatest protection to the buyer because the grantor is legally bound by certain covenants (promises) or warranties.
special warranty deed
may be used by fiduciaries such as trustees, executors, and corporations. A special warranty deed is appropriate for fiduciaries because they lack the authority to warrant against acts of predecessors in title (the former owners). A fiduciary may hold title for a limited time without having a personal interest in the proceeds. Sometimes a special warranty deed is used by a grantor who has acquired title at a tax sale.
bargain and sale deed
contains no express warranties against encumbrances, but it does imply that the grantor holds title and possession of the property.
quitclaim deed
provides the grantee with the least protection of any deed
deed of trust
or deed in trust in some states) is the means by which a trustor conveys real estate to a trustee for the benefit of a beneficiar
reconveyance deed
is used by a trustee to return title to the trustor.
trustee’s deed
A deed executed by a trustee is a
transfer tax
Many states have enacted laws providing for a state
involuntary alienation
Title to property may be transferred without the owner’s consent by
intestate
without a valid will), the title to the real estate passes to the heirs identified in the state’s law of intestate succession
Adverse possession
another means of involuntary transfer. An individual who makes a claim to certain property, takes exclusive possession of it by excluding the true owner and any other title claimants, and (most important) uses it, may take title away from an owner who fails to use or inspect the property for a period of years. The law recognizes that the use of land is an important function of its ownership.
testate
has prepared a will indicating how his or her real and personal property will be disposed of at the time of death
probate
When title passes by will or descent, the estate must go through a judicial process called
will
made by a property owner to convey title to real and personal property after the owner’s death
testator
the person who makes a will, is alive, any property included in the will can still be conveyed by the owner.
devise
The gift of real property by will is known as a