Vocabulary for Title Flashcards
the loss of land due to sudden and violent acts of nature
Avulsion
a sworn statement that identifies the Grantor, Grantee and states the value of real property; must be signed by both and notarized; buyer records through title company
Affidavit of Value
acquiring title to real property due to continuous, open and hostile use for a prescribed length of time; involuntary alienation; prescription; owns title, not just use
Adverse Possession
an individual appointed by the court to handle the estate of a party who dies without a will
Administrator
facts that are known to be true, actual, knowledge
Actual notice
signing a legal document before a Notary Public or other authorized person
Acknowledgement
the gradual build up of land by wind or water
Accretion
a clause in a loan document calling for the entire balance due and payable when property is sold
Alienation Clause
when there is no deed or possession; might be a history with a book of copies; lowest claim of Title; and attorney’s opinion after looking over the record
Abstract of Title
person to person transfer of title
Actual Notice
the settling of estates by probate after death
Administrators Deed
signed and witnessed affidavit of value, part of all recorded deeds; helps assessor to assign property tax
Affirmation of Value
what the notary signs, saying they witnessed the signing and that this is the signature of the person
Attest
a conveying deed that has 3 covenants but no warranties; frequently used in an operation of law such as Sheriff’s Sale, Trustee, Executor or Treasurer’s deeds
Bargain and Sale Deed
leaving personal property to an heir through a will; does not apply to real property
Bequest
a document showing transfer of private property
Bill of Sale
a conveying deed that is used to transfer real property to ones heirs without going through probate
Beneficiary Deed
an amenment to a formal will
Codicil
title that appears valid but due to a hidden fact is actually void
Color of Title
a term used when a document is recorded or printed in a public document
Constructive Notice
transfer of title to real property, evidenced by a deed
Conveyance
a deed that corrects an error on a previously recorded deed
Correction Deed
a promise made between two or more parties usually pertaining to contracts and deeds
Covenant
promise in a deed by grantor for the protection of grantee, usually found in B&S deeds and Warranty deeds
Covenants in a Deed
the Grantor promises that he has possession of the property and has the right to convey it
Covenant of Seizin
a promise that the grantee has the highest claim to ownership
Covenant of Quiet Enjoyment
the Grantor promises that he has revealed all items that burden the property
Covenant against Encumbrances
this general category includes bargain and sale, special warranty and warranty deeds
Conveying Deeds
the recorded history of title on one property
Chain of Title
any document , claim, unreleased lien or encumbrance that casts doubt on the title
Cloud on Title
both parties must be required to do something; most contracts require $$ value and this is called valuable….
Consideration
transfer of title using a deed
Conveyance
a document signed by either party to disavow any interest in a property; denies a community interest so used with a husband and wife
Disclaimer Deed
the conveyance of real property through a will
Devise
one who receives property through a will
Devisee
the person who transfers real property through a will
Devisor
distribution of property to heirs when one dies intestate with heirs but no will; subject to probate
Descent