Vocabulary Study Cards Ch. 4 Flashcards
Metes
Distances from point to point in the description.
Bounds
The directions form one point to another in the description.
Point of Beginning
A reasonably easy-to-locate point tied to a well-established reference point from which a surveyor begins the metes and bounds description. After sighting all distances and directions of the perimeter of the property, the description must close, that is, return to the beginning.
Government Rectangular Survey System
A type of land description by townships and sections.
Meridians
Lines that divide the country by north-south lines.
Township
A square measuring 6 miles by 6 miles. In total, 36 miles in area.
Section
Land that is broken into a 1 mile square. Contains 640 acres.
Plat
A property map.
Intestate
A person who died without leaving a valid will.
Testate
A person who died with a valid will.
Testator/Testatrix
Person who died with the valid will. [or] is a man. [ix] is a woman.
Executor/Executrix
A person appointed in a will to see that the terms of the will are carried out. [or] is a man. [ix] is a woman.
Descent
Heirs determined by the law.
Will
A legal instrument designed to dispose of a decent’s property according to her instructions.
Probate
The judicial determination of the validity of a will by the courts.
Devise
The gifting of real property by will.
Devisee
The recipient of real property gifting.
Beneficiary
The recipient of personal property.
Bequest
A gift of personal property by will.
Deed
A written instrument that transfers an interest in real property when delivered to and voluntarily accepted by the grantee.
Lien Foreclosure Sale
A sale of real property at public auction to satisfy a specific or general lien against the property. These sales do not have the consent of the owner/debtor, and title is typically conveyed by trustee’s deed.
Foreclosure
Sales that are conducted without the consent of the property owner who incurred the debt that resulted in a lien.
Judicial Deed
One executed by an official with court authorization.
Adverse Possession
A method of acquiring title to real property by conforming to statutory requirement.
Color of Title
A defective claim to a title.
Suit to Quiet Title
A suit brought before the court to eliminate a cloud on a title or to establish title.
Eminent Domain
The right to take a property.
Condemnation
The process of actually taking the property.
Grantor
Conveys the title.
Grantee
Receives the title from the grantor.
Words of Conveyance
Wording in a deed demonstrating the definite intention to convey a particular title to real property to a named grantee.
Fee Simple Absolute
An inheritable freehold estate in land that is the greatest form of real property ownership.
Covenant Against Encumbrances
A promise in a deed that there are no encumbrances against the title except those set forth in the deed.
Legal Description
A description of land recognized by law.
Tips - “ee” and “or”
EE - Receives
OR - Gives
Acknowledgment
A formal statement before an authorized official (ex. notary) by a person who executed a deed, contract, or other document that is his or her free act.
Statue of Frauds
A law in all states requiring all deeds must be written to be valid.
Recording
The act of registering the document on public record to protect the grantee’s title.
Constructive Notice
Notice of a fact on the public record that is considered to be known to everyone one, even though he or she has not actually been notified of such fact. Everyone is bound by this knowledge.
Special Warranty Deed
Warranty is limited to claims against the title arising out of the period of ownership of the grantor.
Quitclaim Deed
Contains no warranties, but is simply a deed of release.
Cloud on a Title
A situation that occurs when someone has a possible claim against a title.
Excise Tax
A state tax that a grantor must affix to a deed. It provides a rough indication of purchase price and is valuable data source or the broker’s records. AKA: revenue stamps.
Title Examination
The process to determine the quality of a title.
Title Insurance
An indemnity contract that protects the purchaser or mortgagee against loss resulting from a defect in title that is covered in the policy and is in existence when the policy becomes effective.
Conner Act
Requires certain documents (e.g., deeds, purchase contracts, and leases over three years) to be recorded to be enforceable against third parties.
Marketable Title Act
Extinguishes old defects in the title by providing that if a chain of title can be established for 30 years without conflicts, claims outside this chain are extinguished.
Covenant of Seisin
The grantor covenants that she is seised of said premises in fee. The grantors promise the grantees that they have fee simple title to the property.
Covenant of Right to Convey
The grantor provides an assurance to the grantee that the grantor has legal capacity to convey the title and also has the title to convey.
Covenant of Quiet Enjoyment
The grantor to the grantee that the grantee shall have a quiet possession and enjoyment of the property being conveyed and that the grantee will not be disturbed in the use and enjoyment of the property because of a defect in the title being conveyed by the grantor.
Covenant of Warranty
The best form of warranty for the protection of the grantee and contains no limitations as to possible claimants.
Chain of Title
The successive conveyances of title to a particular parcel of land.